Introduction
Judges exercise judicial power. They play an integral role in the judicial process, as they apply the law and in some cases create the law. While doing this they must take consideration of current political, social, moral and economic considerations and adhere to a certain consensus of society. The role of the judge is taken for granted by many people who view their role as an administrative one. Judges, especially those of the Supreme and High Courts are under extreme pressure and do not just decide cases in a machine like fashion- by reading and administering precedents (Baum, 1986).
The U.S. Supreme Court is the only court created by the U.S. Constitution. In Article III of the Constitution, Congress is granted the power to establish inferior courts, which it did for the first time in the Judiciary Act of 1789. All federal judges are appointed by the President of the U.S. and approved by the Senate. The creation of an independent federal judiciary cemented the role of the courts in the system of checks and balances (Abrahamson, Hughes, 1991).
Through the principle of federalism, found in Article I and Amendment 10 of the Constitution, states were given the power of creating their own court systems. Although the original thirteen colonies maintained the federal practice of appointing judges, many state constitutions were amended to "democratize" the judiciary with popular elections during the Jacksonian period (1830s and 1840s). The early 1900s introduced into several state judicial systems the method of merit selection. Currently, thirty-nine states still elect judges at some level (State Bar of Wisconsin, 1997).
Explanation
We all recognize the importance of judges. They preside over criminal and civil proceedings where their rulings can often make the difference as to which side wins. For example, in a criminal trial, the....
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