Independence of the Judiciary: Explanation of Answers 1. When they were under English rule, the American colonists had considerable experience with courts that they considered biased and unfair. True. The authors of the Declaration of Independence and the United States Constitution recognized that the rights and liberties asserted by the new nation could only be guaranteed by a strong and independent judiciary. Before independence, colonial judges often thought of themselves as agents of the King. If they made decisions that displeased the King they were replaced, or went unpaid. One of the grievances against the King's rule stated in the Declaration was: He has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries. The guarantees of jury trials in the Constitution are another consequence of the colonists' problems with the King's courts. Experiences with unjust judges made the Framers value the jury as a democratic counterweight to the judge. 2. Judicial independence is a valued tradition in America, but it is not protected by any provisions in the U.S. Constitution. False. The Framers tried to preserve judges' independence by giving them lifetime tenure (Article III, Section 1, "The judges…shall hold their Offices during good Behaviour…") and by ensuring that their salaries could not be reduced in retaliation for an unpopular decision (Article III, Section 1, 'The judges…shall…receive…a Compensation which shall not be diminished during their Continuance in Office.") 3. The salaries of federal judges usually aren't lowered while the judges are in office, except in times of deflation, when the automatic cost of living adjustment in the Judicial Pay Act could drive their salaries down. False. There is no Judicial Pay Act. The Constitution prohibits judicial salaries from being reduced while a judge is in office. See answer 2. 4. Federal judges are guaranteed life tenure during "good behavior," and in fact very few have been impeached. True. See Article III, Section 1 for the constitutional guarantee of life tenure. As for judges removed from office because of successful impeachments, there have been fewer than 10 in a period of more than 200 years, though some judges resigned when faced with an impeachment inquiry. 5. Federal court judges can be removed from office by impeachment: charges brought by U.S. House of Representatives, conviction by U.S. Senate. The Constitution provides that federal court judges can only be removed by "impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." This involves charges brought by the U.S. House, and trial by the U.S. Senate. Only 7 judges have been removed from office in this fashion in more than 200 years. 6. State judges are selected and approved according to the federal model, with very few exceptions. False. Only a few states have adopted all of the federal model (appointment by executive, confirmation by legislature, life tenure for judges). In fact, while federal judges enjoy life tenure, over 80% of state judges must face election of some kind, often to be retained in office. 7. Politicians running for office can make their positions clear on important issues. It is absolutely forbidden that candidates for judicial office announce their views on issues. False. In at least some jurisdictions, judicial candidates can now announce their views. Restrictions on judicial campaign speech that were designed to maintain judicial impartiality have been loosened by court decisions, most importantly the recent decision of the Supreme Court of the United States in Republican Party of Minnesota v. White. The White decision struck down the "announce clause" of judicial codes in nine states, which had prohibited judges from announcing their views on disputed legal or political issues that might come before the court. Other provisions of state judicial codes are likely to be challenged, as well, such as those prohibiting judges and judicial candidates from making specific pledges or promises about how they would rule in a given case or class of cases. Resources Books and a website Talking points and speech ideas We also have a lesson on: due process (high school) Quizzes Home | Back to Independence of the Judiciary Quiz