Use the quote and your knowledge of U.S. Government and Politics to answer parts A, B, and C. A. Describe the viewpoint expressed in the quote. B. Describe one way in which the Constitution protects judicial independence from other branches of government. C. Explain one reason why federal court judges are appointed, rather than elected.

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**Review Question: Free Response**

"Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental."
—Alexander Hamilton, Federalist No. 78

**Use the quote and your knowledge of U.S. Government and Politics to answer parts A, B, and C.**

A. Describe the viewpoint expressed in the quote.

B. Describe one way in which the Constitution protects judicial independence from other branches of government.

C. Explain one reason why federal court judges are appointed, rather than elected.

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**6.2 The Constitution and the Federal Judiciary**

The delegates to the Constitutional Convention spent much less time debating the structure and powers of the federal judiciary than they did hammering out the legislative and executive branches. The delegates agreed that the judiciary should have a degree of independence from the other two branches. They also decided that judges should be allowed lifetime tenure, with the condition of "good behavior," and included provisions to protect judicial salaries from efforts to reduce them by an unfaithful Congress. The president would nominate federal judges, and the Senate—through its role of advice and consent—would confirm the nominations.

**Article III: The Federal Judiciary in the Constitution**

In the Constitution, the judiciary (Article III) comes in third, after the legislative (Article I) and the executive branch (Article II).
Transcribed Image Text:**Review Question: Free Response** "Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental." —Alexander Hamilton, Federalist No. 78 **Use the quote and your knowledge of U.S. Government and Politics to answer parts A, B, and C.** A. Describe the viewpoint expressed in the quote. B. Describe one way in which the Constitution protects judicial independence from other branches of government. C. Explain one reason why federal court judges are appointed, rather than elected. --- **6.2 The Constitution and the Federal Judiciary** The delegates to the Constitutional Convention spent much less time debating the structure and powers of the federal judiciary than they did hammering out the legislative and executive branches. The delegates agreed that the judiciary should have a degree of independence from the other two branches. They also decided that judges should be allowed lifetime tenure, with the condition of "good behavior," and included provisions to protect judicial salaries from efforts to reduce them by an unfaithful Congress. The president would nominate federal judges, and the Senate—through its role of advice and consent—would confirm the nominations. **Article III: The Federal Judiciary in the Constitution** In the Constitution, the judiciary (Article III) comes in third, after the legislative (Article I) and the executive branch (Article II).
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