The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
As a general rule, in the country at large political
considerations are decisive, both in cases of popular election
and of executive nomination, but as to the latter exceptions are
more frequent. One instance has occurred in which a President of
the United States nominated to the Supreme Court a member of the
party in opposition to the administration,[Footnote: Howell
E. Jackson, a Democrat, was thus appointed by President Harrison,
a Republican, in 1893. President Taft, a Republican, has since
appointed two Democrats, justices Lurton and Lamar, and made a
third Chief Justice.] and the same President, upon the creation
of the Circuit Court of Appeals, when there were a number of new
judges to be appointed, gave several of the places to those not
of his political faith. It is, however, to be expected that the
Presidents of the United States, as a general rule, will place
upon the Supreme Court none whose political opinions are not
similar to their own. It is a court wielding too great a
political power to allow this ground of qualification to be
lightly passed over.
Precisely because of this, the political antecedents of the
justices of the Supreme Court are more apt to be discoverable in
their opinions than is the case in State courts. Professor
William G. Sumner, in referring to the change of character of the
Supreme Court by reason of Jackson's appointments to it, remarks
with some truth that "the effect of political appointments to the
bench is always traceable after two or three years in the
reports, which come to read like a collection of old stump
speeches."[Footnote: "Life of Andrew Jackson," 363.]
Public-domain text, read in full here on John Shaqi.
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