What does federalist 78 say about the judiciary?

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What does federalist 78 say about the judiciary?

In Federalist No. 78, Hamilton said that the Judiciary branch of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse, It may truly be said to have neither FORCE nor WILL, but merely judgment.” Federalist No.

How does the executive branch appoint federal judges?

The main check that the Executive Branch has on the federal courts is the power of appointment. Article II of the U.S. Constitution provides that federal judges are appointed by the President, with the “advice and consent” of the Senate.

How are judicial members selected?

Where the Executive and Legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate.

What 3 methods are used to select state judges?

Selection of Judges

  • election,
  • appointment for a given number of years,
  • appointment for life, and.
  • combinations of these methods, e.g., appointment followed by election.

What is the most common method in the States for the selection of judges?

Election: This is the most common way in which states select judges. Political appointment: In some states, the governor appoints state judges.

Who appoints Supreme Court judges?

One Chief Justice and six associate justices are appointed by the Governor, confirmed by the Commission on Judicial Appointments, and confirmed by the public at the next general election.

How do state judges get their jobs?

In states where appointment is the method of choice, judges are appointed by a state governor after being nominated by a judicial nominating commission. In many states, judges aren’t reappointed after they serve an initial term; rather, they must be elected.

How are judges appointed in us?

Who appoints federal judges? Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution. Article III of the Constitution states that these judicial officers are appointed for a life term.

How many federal judges did Trump appoint?

The total number of Trump Article III judgeship nominees to be confirmed by the United States Senate is 234, including three associate justices of the Supreme Court of the United States, 54 judges for the United States courts of appeals, 174 judges for the United States district courts, and three judges for the United …

Can a president fire a Supreme Court judge?

The Constitution states that Justices “shall hold their Offices during good Behaviour.” This means that the Justices hold office as long as they choose and can only be removed from office by impeachment. Has a Justice ever been impeached? The only Justice to be impeached was Associate Justice Samuel Chase in 1805.

Can the president fire a federal judge?

Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. The Constitution also provides that judges’ salaries cannot be reduced while they are in office. Article III judicial salaries are not affected by geography or length of tenure.

Can you disbar a judge?

Removal proceedings against judges may be instigated by a majority of either house, by the governor filing a complaint with the supreme court, or by the supreme court on its own motion. Based upon the hearing, judges may be reprimanded, censured and suspended without pay, or removed from office.

What are four types of judicial misconduct?

Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: “falsification of facts” at summary judgment); using the judge’s office to obtain special treatment for friends or relatives; accepting …

On what grounds can a judge be removed?

Supreme Court justices cannot be easily removed from office. The only conditions that can be grounds for their removal are proven misbehavior and incapacity to act as judge. Article 124 of the Constitution states that by an order of the President a Supreme Court justice can be removed from his or her office.

Why judges Cannot be removed easily?

Answer. A judge can be removed only by an impeachment motion passed separately by two third members of the two houses of parliament.It has never happened in the history of Indian democracy. The judiciary in India is very powerful and it is one of the most powerful judiciary in the world.

Which is better IAS or judiciary?

Despite everything, no one can deny the fact that IAS officers are able to serve the society at large and are able to help a lot more people as compared to judicial officers. Judicial officers can help a limited number of people who appear in their court while an IAS can help anyone and everyone in the district.

What is the procedure through which judges can be removed from the power?

Article 124(4) of the Constitution: It says that a Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the …

How HC judges are appointed and removed?

The President of India can remove a Judge of the High Court, from his office only if each house of the parliament passes a resolution by a two third majority of its members present and voting in each house requesting him to remove the judge.

On which ground high court judge can be impeached?

“A judge of Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by the majority of the total members of the House and by the majority of not less than two-thirds of the members of the House present and voting has been …

How are judges of Supreme Court and High Court appointed and removed?

The judges of the Supreme Court and High Courts are appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. A judge can be removed only by an impeachment motion passed separately by two-third members of the two Houses of the Parliament.

What is the procedure of appointment of Supreme Court judges?

Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years.

On what grounds can a judge of Supreme Court be removed from office?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in …

Can Supreme Court stay a law?

Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, or invalid because it is repugnant …

Can a court overturn a law?

In the United States, judicial review is the legal power of a court to determine if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution.

What is Article 142 of the Constitution of India?

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by …

What is Article 124 A of Indian Constitution?

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and such number of other judges not being less than seven as Parliament may by law prescribe.

What is Article 136 of the Indian constitution?

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

What is the Article 143?

Article 143 of the Constitution of India confers upon the Supreme Court advisory jurisdiction. Article 143 Power of President to consult Supreme Court. Firstly, the President may obtain the opinion of the Supreme Court on any question of law or fact that has arisen or likely to arise.

What is the Article 72?

Article 72 empowers the President the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

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