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“The judicial power of the United States, shall be vested in one supreme Court, and in such inferior Courts as Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” 3.1

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Constitutional requirements:

  • Lifetime appointment
  • Can be impeached and removed
  • Stable salary
  • President nominates and Senate confirms

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→ In what ways is the federal court system not very democratic?

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Judicial selection:

  • Senatorial courtesy: judges for lower courts are not confirmed when opposed by a senator (of the President’s party) from the state in which the nominee is to serve
  • Senate Judiciary Committee

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What factors influence the choice of a Supreme Court justice?

  • Geography
  • Ideology
  • Former administrative and judicial positions
  • “History” of the seat

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