The Constitution’s framers intended to insulate the federal courts from political pressure. They therefore required that:
- Federal judges are nominated by the president and confirmed by the Senate.
- Federal judges cannot be easily removed for unpopular decisions. They can be removed only through impeachment by Congress.
- They serve for life:
- This rule is meant to free them from short-term politics.
- This also creates an incentive for presidents and senators to choose judges who will be trusted regardless of which political parties are in control in the future.
- It also means appointments are hotly contested.
- Their salaries cannot be reduced.
Similar protections exist for state court judges – with some caveats.
- State judges are chosen in different ways in different states. In some states, they are nominated and appointed, in some states, they are appointed and then allowed to run for election when their term expires, while in other states, some are elected from the start. We will explore this topic more later in the course.
Next week, we will look at how the judiciary can put limits on some government officials.
