[Magdalen] Supreme Court

[Eleanor Braun]

Roger:

What I quoted to you applies only to judges in the federal system.

The state (and local) courts and judges are governed by their respective
state constitutions and laws.  Some judges are appointed, some elected.
Some states but not all provide for periodic election, some have a periodic
"approval".  It's all over the place.  State judges are required to follow
the US Constitution as construed by the Supreme Court, but the rules about
election and term of office are locally determined.

If you have trouble sleeping, you could read this:
http://www.justice.gov/usao/justice-101/federal-courts

or:  https://en.wikipedia.org/wiki/Federal_judiciary_of_the_United_States

Eleanor

On Sun, Jun 28, 2015 at 5:10 PM, Roger Stokes <roger.stokes65 at btinternet.com
> wrote:

> How does that concept of judges holding thewir office during good
> behavioir interact with judges needing to seek election or reelection by
> popular ballot? In the past few weeks while in America I also noticed
> posters for the electio/reelection of X as a court clerk.  Surely that is a
> functionary that should not have any executive, and hence subject to
> popular support, function.
>
> Roger
>
>
> On 28/06/2015 22:01, Eleanor Braun wrote:
>
>> Article III, Section 1 of the Constitution:
>>
>> The judicial power of the United States, shall be vested in one Supreme
>> Court, and in such inferior courts as the Congress may from time to time
>> ordain and establish. The judges, both of the supreme and inferior courts,
>> shall hold their offices during good behaviour, and shall, at stated
>> times,
>> receive for their services, a compensation, which shall not be diminished
>> during their continuance in office.
>> ---
>>
>> So the only limitation is "good behavior".  They can be impeached and
>> removed from office (it is very rare) under Article II:
>>
>> The President, Vice President and all civil officers of the United States,
>> shall be removed from office on impeachment for, and conviction of,
>> treason, bribery, or other high crimes and misdemeanors.
>>
>> Eleanor
>>
>> On Sun, Jun 28, 2015 at 4:54 PM, Roger Stokes <
>> roger.stokes65 at btinternet.com
>>
>>> wrote:
>>> I recognize that the US Supreme Court is charged, inter alia, with the
>>> interpretation of the Constitution. That means it needs to be independent
>>> of the legislature amd the executive branches of government.  However in
>>> recent judgements, notably as regards same-sex marriage, it has shown
>>> that
>>> it is responsive to "sensus populi" rather than being strictly bound by
>>> prior decisions of that Court.
>>>
>>> Such an evolutionary approach to justice as evoking "the will of the
>>> people" is, I believe, as we celebrate 800 years of the Magna Carta as
>>> our
>>> tradiotns need to evolve to meet current expectations.  That being said,
>>> where is it stated that Supreme Court Justices hold office until death or
>>> resignation?  Is this appropriate or should there be provision for forced
>>> retirement on the basis of time served, age or inability to carry out the
>>> funbctions of being a Justoce?
>>>
>>> Roger
>>>
>>>
>