Argumentative Essay: The Controversial Merit Selection

The Controversial Merit Selection The current debate on how judges should be selected is not a new one, but one that began with adaption of the United States Constitution in 1787, as more states joined the union in the late 18th and early 19th centuries. The main issue of the debate is whether or not judges, who are sworn to apply the law with total objectivity and independence, should be appointed by an executive or elected by the people-(www.fed-soc.orgpublications/detail/the-case-for-judicial-appointments). Judicial appointments point of origin began with the appointment of judges by the King of England, whose sovereign power at that time extended to the colonies in America. After the American Revolution, the founding fathers decreed in the Declaration of Independence that the King “made judges depend on his will alone, for the tenure of their offices, and the amount and payment of their salaries.” Their solution to this problem was to transfer the power to appoint judges to others. Federal judges where appointed by the President with the consent of the Senate. Eight of the original thirteen states gave this power of appointment to the legislature and the other five states gave this power of appointment to the governor …show more content…
The appointing authority chooses from the list, and any one so chosen assumes the judgeship for a probationary period. After this period the judge stands for popular election for a much longer term, not competing against other candidates but basing his candidacy on previous judgments. Under the Missouri Plan, voters decide whether or not to retain the judge in office via a retention ballot.