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Difficulty: MediumFederalist No. 51

In Federalist No. 51, Publius (James Madison) writes:

'In the constitution of the judiciary department in particular, it might be inexpedient to insist rigorously on the principle: first, because peculiar qualifications being essential in the members, the primary consideration ought to be to select that mode of choice which best secures these qualifications; secondly, because the permanent tenure by which the appointments are held in that department, must soon destroy all dependence on the authority conferring them.'

Which of the following statements best explains why the author believes the appointment process for the judiciary should deviate from the general separation of powers design described in the passage?

  1. A
    The appointment process allows the president to exert long-term policy influence over the legislature through loyal judges.
  2. B
    The appointment process ensures that judicial rulings remain aligned with the shifting political beliefs of the electorate.
  3. The appointment process is offset by life tenure, which prevents judges from feeling obligated to the branches that appointed them.Answer
  4. D
    The appointment process is a power reserved to the state governments to prevent the federal judiciary from expanding.

Answer

The appointment process is offset by life tenure, which prevents judges from feeling obligated to the branches that appointed them.
The correct option explains that while executive and legislative appointment of judges deviates from the strict separation of powers, the introduction of life tenure ensures that judges are not dependent on those branches once in office.

Step-by-Step Solution

1
Identify the general principle of the separation of powers described by Madison.
Madison argues that each branch of government should ideally play no role in appointing the members of the other branches to maintain independence.
This establishes why the appointment of judges by the president and Senate seems to violate the separation of powers.
2
Analyze why Madison views the judiciary as an exception to this principle.
Madison notes that judges require highly specialized qualifications, and they hold life tenure ('permanent tenure').
This identifies the structural counterweight that justifies the deviation from the general appointment rule.
3
Evaluate the effect of life tenure on judicial independence.
Because federal judges serve during good behavior, they have no incentive to appease the president or Senate to retain their positions.
This explains why life tenure destroys dependence on the appointing authority, preserving the separation of powers in practice.

Key Concept

The justification for life tenure of federal judges as an exception to the strict separation of powers, ensuring judicial independence from political influence.
Estimated Time:1m 30s
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Federalist No. 51

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