Experiments in Government and the Essentials of the ConstitutionRoot, Elihu
History
Experiments in Government and the Essentials of the Constitution
Root, Elihu
United States -- Politics and government
Under the first of these proposals, if a specified proportion of the voters
are dissatisfied with a judge's decision they are empowered to require that
at the next election, or at a special election called for that purpose,
the question shall be presented to the electors whether the judge shall be
permitted to continue in office or some other specified person shall be
substituted in his place. This ordeal differs radically from the popular
judgment which a judge is called upon to meet at the end of his term of
office, however short that may be, because when his term has expired he is
judged upon his general course of conduct while he has been in office and
stands or falls upon that as a whole. Under the Recall a judge may be
brought to the bar of public judgment immediately upon the rendering of a
particular decision which excites public interest and he will be subject to
punishment if that decision is unpopular. Judges will naturally be afraid
to render unpopular decisions. They will hear and decide cases with a
stronger incentive to avoid condemnation themselves than to do justice to
the litigant or the accused. Instead of independent and courageous judges
we shall have timid and time-serving judges. That highest duty of the
judicial power to extend the protection of the law to the weak, the
friendless, the unpopular, will in a great measure fail. Indirectly the
effect will be to prevent the enforcement of the essential limitations upon
official power because the judges will be afraid to declare that there is a
violation when the violation is to accomplish some popular object.
Public-domain text, read in full here on John Shaqi.
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