Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
From time to time, therefore, suggestions have come from members
of the bar of ways and means for reducing the influence of the
appointing power of the politocrats. It has been suggested that the bar
association should be given power to place upon the official ballot
a bar-association ticket upon which might appear candidates who had
been nominated by any of the other political parties. This would give
the candidates approved by the bar association and also by any other
political party considerable advantage over those appearing in only one
party column. To that extent it would throw a greater influence into
the hands of the lawyers. The question, however, has arisen whether
this would result in a greater power in an unbiased bar association to
select good judges, or in the lining-up of lawyers in groups which were
controlled by the leaders of the politocrats. The effort is frequently
made to provide that all judges shall be elected at a special judicial
election. This course may prevent the recall of judges because of an
upheaval on national issues. It does not, however, interfere with the
appointment of a nomination by the politocrats in the first instance.
Even when the nominations are all by petition and the party circle
eliminated and the names of candidates rotated upon the ballot, resort
must still be had to the extra-legal government to escape absolute
chaos and selection by mere chance.
Nothing of great value can be accomplished until it is recognized that
the judges in a metropolitan district are certain to be appointed and
that the only proper appointing power is one which is conspicuous,
legal, subject directly to the electorate, and interested in and
responsible for the due administration of justice.
This principle may be worked out in a variety of ways.
When the state executive as now constituted is given power to appoint
directly, or to appoint indirectly by designating the nominees to be
voted upon, the principle is worked out in one way. There are, no
doubt, serious objections to both methods of executive appointment. The
governor of the state is, of course, in the midst of politics. He is
also in the midst of a legislative program, and the temptation is very
strong to trade judicial places for the progress of administration
measures in the legislature. Then the governor is not particularly
responsible for the administration of justice, that being a matter for
the judicial department rather than the executive. But this much can
be affirmed, that any mode of appointment by the governor, since it is
conspicuous and legal, and since the governor is directly subject to
the electorate, carries with it a measure of responsibility which is
not found where the appointment is secret and by the politocrats of the
extra-legal government. Appointment by the governor is better than the
present misnamed plan of popular election.
Public-domain text, read in full here on John Shaqi.
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