Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
It might be suggested that the power of appointment could be lodged in
the highest appellate tribunal of the state, the members of which had
terms of considerable length, but were subject to election. This again
is, no doubt, open to objections. But again, it could not possibly be
a worse method than the one now employed. Judges of such courts are
more easily than governors made responsible for the due administration
of justice. They would have stronger motives than the governor for
appointing men who could best carry on the administration of justice.
No body of men in the state has a better opportunity for determining
the character and ability of lawyers, since they examine the work of
lawyers continually with most minute care.
It has been suggested that vacancies in the judiciary should be filled
by the appointment of the chief justice of the metropolitan district.
He in turn should be chosen by the electorate of the district at fairly
frequent intervals--viz., every four or six years--and in him should be
vested large powers to oversee and direct the mode of organizing and
handling the business of the court.[35]
The objection which will at once be raised to this is that it presents
an opportunity for the politocrats to obtain vast power by securing
control of the chief justice. It is not difficult to demonstrate that
the lodging of the appointing power in the hands of a responsible and
conspicuous chief justice controlled by the politocrats would be much
less inimical to the administration of justice than the appointment
of judges in secret and without responsibility by the politocrats
directly. The chief justice would, of course, only fill vacancies
occurring during his short term. The guaranty to the public that such
vacancies would be filled with fairly efficient men lies in the fact
that enormous responsibility for the due administration of justice
is focused upon a single man. Every complaint of inefficiency and
impropriety comes home to him. Such a man cannot carry on the work
of the court without the most efficient judges that he can possibly
secure. This leads necessarily to procuring as judges members of the
bar who have, in a successful practice in the courts, had a proper
service test. Assuming that such a chief justice were the recognized
deputy of the politocrats he would be driven by the necessities of
the case, by the conspicuousness of his position, and the force
of public opinion, to do his utmost to persuade the politocrats to
permit him to appoint efficient men. That would produce an appointing
power far better than the secret and utterly irresponsible method of
direct appointment by the politocrats which now exists. A much more
desirable result than this, however, is to be expected. Such a chief
justice would be so important and conspicuous an officer and his power
so great, that in his nomination and election the desires of the
electorate as a whole would have to be much more fully considered than
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