Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
The plain truth is that in a metropolitan district the selection of
judges by some sort of appointing power cannot by any possibility be
avoided. The position of a single judge out of as many as thirty and
upward in a district containing an electorate of a hundred thousand
and over is too hidden and obscure to enable any man who is willing to
occupy the place to secure a popular following. The man who has a real
hold upon a majority of so numerous an electorate will inevitably be
led to a candidacy for governor of the state or senator of the United
States, if not indeed for president of the United States. Another
obstacle to the actual choice of judges by so numerous an electorate
is that the determination of those fit to hold judicial office is
unusually difficult. It would be a problem for a single individual who
had an extensive personal knowledge of the candidates and had observed
them closely for a considerable period in the practice of their
profession. For all but the most exceptional judge in a metropolitan
district the power which places him in office and retires him from
office will be an appointing power, although there be in force the
so-called popular election of judges. So long as extra-legal government
by politocrats is the real government, that appointing power will be
lodged in the politocrats who wield the power of that government.
There are many who sincerely believe that the ideal functioning of the
electorate in a metropolitan district where the extra-legal government
is strong, may be restored if judges are elected only at special
elections where a judicial ballot is used which omits all designation
of parties and upon which the names of candidates are placed by
petition only and the name of each candidate is rotated upon the ballot
so that it will appear an equal number of times in every position. The
object of such legislation is to restore a choice by the electorate
by depriving the extra-legal government of its predominant influence
in judicial elections. The means adopted to deprive the extra-legal
government of its influence is to take from it the use of the party
circle and the party column. It may safely be predicted of such
legislation that it will not cause judges to be the actual choice of
the electorate, nor will it eliminate the influence of the politocrats
in judicial elections.
Public-domain text, read in full here on John Shaqi.
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