Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
It may be that in some frontier or sparsely settled rural districts
where extra-legal government does not exist, judges are in a degree
really elected by the people. It may be that in such communities the
electorate does actually pick out that one among the lawyers whom it
wishes to act as judge.
There may be other communities which are well satisfied with the
results obtained by special judicial elections at which the candidates
are nominated by petition only and where the ballot is in form
non-partisan. An analysis of conditions in such communities will
usually show that extra-legal government by politocrats is very weak
or non-existent, and that the power of selecting and retiring judges
really resides in the lawyers, subject only to the approval of the
electorate.
In a metropolitan district, however, where there is a large population
and a governmental plan which reduces the most intelligent inhabitant
to an extreme degree of political ignorance as a voter, and the
establishment of extra-legal government by politocrats is thus secured
and fostered and becomes the real government, the judges, though the
electorate regularly votes to instal them in office, are not in fact
elected at all. They are appointed. The appointing power is lodged with
the politocrats of the extra-legal government. These men appoint the
nominees. They do it openly and with a certain degree of responsibility
under the convention system. They do it less openly and with less
responsibility when primaries are held.
If you wish to test the soundness of these conclusions inquire your way
to a judgeship in such a district or listen to the experiences of the
men who have found their way to a judgeship or have tried to obtain the
office and failed. In almost every case the story is one of preliminary
service to the organization, recognition by the local organization
chief, and through him recognition and appointment of a nomination by
the governing board of the party organization. Those who do not go by
this road do not get in. The voter only selects which of two or three
appointing powers he prefers. Whichever way he votes he merely approves
an appointment by politocrats.
Public-domain text, read in full here on John Shaqi.
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