26 Jul Write a ~350 word essay explaining
Write a ~350 word essay explaining your conclusions from this and/or other sources about whether Cal Show more Write a ~350 word essay explaining your conclusions from this and/or other sources about whether Californias ability to remove justices who hold unpopular beliefs or points of view is a good thing or a bad thing. Which is better for maintaining an independent judiciarythe U.S. constitutional standard of good behavior or the California process of retention electionsand why? Cite and incorporate your references as always. A hallmark of the judicial branch of government in the U.S. is that it should be free from political and financial pressures and independent in its considerations and decisions. The framers of the U.S constitution went so far as to essentially provide for life-time appointment of Supreme Court justices through its good behavior clause. Article 3 Section 1 states: The judges both of the supreme and inferior courts shall hold their offices during good behaviour and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office. According to The Heritage Guide to the Constitution: The Good Behavior Clause of Article III is the foundation stone for the independent judiciary in the American tripartite system of government. In a system designed to protect against tyranny of both the majority and the minority the clause is a constitutional contract with those men and women who serve in the judiciarya contract that can be rescinded only through an act of impeachment. The only attempt in the countrys history to remove a Supreme Court justice (Samuel Chase) by impeachment in 1801 failed and afterward president Thomas Jefferson announced: Impeachment is a farce which will not be tried again (although he was the chief instigator of the impeachment of Chase). The principle of judicial independence was also maintained in the California state constitution but it was adopted during the rising spirit of the progressive era in the late 1800s. That period was fueled by a desire to give citizens greater say in their government hold elected representatives directly responsible to the people and institute measures of direct democracy that were not included in the U.S. constitution. One of these measures was to require periodic retention elections of California Supreme Court justices. As a result the California electorate voted in 1986 not to retain Chief Justice Rose Bird who was a steadfast opponent of the death penaltyat the height of strong pro-death penalty support in the state. Field polls show 83% of respondents supported the death penalty in 1986 with that number subsequently declining to 56% in 2014. A succinct and balanced history of the historic removal of Justice Bird can be found in a paper by a CSU Fullerton student The Rise and Fall of Rose Bird. Show less
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