Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Until we establish such an official, we can rely on three instruments
of legal advance, each of which may be a point of co-operation between
lawyers and laymen. Of the first, the Bar Associations, something has
already been said. The second is the judiciary. Unfortunately, the
tendency of the American antagonism to law to concentrate on personal
topics has warped the prolonged discussion of this branch of our
government during the last ten years, and, indeed, since 1789. Charges
of corruption and incompetency against individual judges, and methods
of getting a bad judge off the bench, have entirely obscured the
problem of getting good judges on the bench. The power of judges to
declare statutes unconstitutional and void makes them the controlling
factor in our government, yet there is no country where less attention
is paid to their selection and training. It is of no use to recall
a poor judge by popular vote if the people are eager to put one of
the same type in his place. Nothing need be added to the estimate in
Bryce’s “Modern Democracies” of the unevenness of judicial personnel.
The most obvious need, if the inferior judges are to be brought up to
the level of the best men, is for higher salaries. But that alone is
not enough to induce leaders of the bar to become judges. No salary
could be so high as the income of successful metropolitan lawyers.
The time has come for greater willingness on their part to retire from
a large practice in middle life and devote their talents to judicial
work. And even this will be useless, unless selection is based on
merit. Our system of an elective judiciary is probably too deeply
rooted to be entirely abandoned, though it is clear that legal talent
is not a quality, like executive ability, readily capable of being
appraised by the electorate. On the other hand, it is not altogether
certain that State governors would appoint judges without regard to
partisan considerations. An interesting compromise plan has been
suggested, that there should be a Chief Justice, elected by the people,
who should be in effect the Minister of Justice already described.
All the other judges would be appointed by him, for life or for long
terms, while his responsibility for wise selections would be secured
by a short term or even by the recall. A governor does so many tasks
that his judicial appointments do not play a large part in the popular
judgment of his record, but the Chief Justice would stand or fall on
the merits of the administration of law under his management.
Public-domain text, read in full here on John Shaqi.
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