Given what we know about the Judiciary and judicial system, are ele...

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Given what we know about the Judiciary and judicial system, are elections a good thing? Do elections ensure good judicial behavior or simply judicial behavior that is good to those giving the most money? Judicial behavior changes closer to elections just like other politicians. Should justice be a partisan and political issue? What about appointed judges? To whom are they accountable? Should judges be able to vote their preferences (ideology and such) on major issues? In general, are elections or appointments better?

Along these lines, what is an activist judge? You now know that judges have always made law simply through the exercise of their duty (giving flesh to the bones of law). Is an activist simply a judge with whom you disagree?

What about Judicial Review? Is this good or bad? Should judges be able to decide what laws stand or fall after they have been voted on, passed, and signed into (or allowed to become) law? Should the Constitution not apply to things we dislike? This is not to say the outcome is always right or perfect nor is it always wrong (Plessy, Scopes "Monkey Trial", Brown, Roe, Citizens United, Windsor, Lawrence, United Steel Workers, Engle, Tinker, Bethel, Santa Fe ISD, etc...).

Basically, what is the best way to pick judges and why? What are the consequences of doing so? Should we keep judicial review if so many things can influence a judge? Are they all just activists and the process of selection is moot?

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In general, elections are a good thing as they ensure that every person has the right to participate in electing leaders and those in public offices. In addition, elections tend to ensure that those elected to public offices are accountable to the people. However, I do not think this works well in the judicial system (Bonneau, & Hall, 2013). The American practice of electing judges is not the best, even though it has its good side. For one, there is a traditional view that elected judges, like elected politicians, tend to behave as per the politics of the time. An important thing in the judicial system anywhere in the world and in human history is the need for judicial impartiality with respect to the parties in a given case (Gibson, 2015)....

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