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Thursday, May 19, 2005

Benjamin Franklin on picking federal judges.

So what did the actual Framers -- as opposed to the figments of senatorial imagination -- have to say about picking federal judges? They didn't seem to trust anyone very much. I liked this, from Benjamin Franklin:
Docr. Franklin observed that two modes of chusing the Judges had been mentioned, to wit, by the Legislature and by the Executive. He wished such other modes to be suggested as might occur to other gentlemen; it being a point of great moment. He would mention one which he had understood was practiced in Scotland. He then in a brief and entertaining manner related a Scotch mode, in which the nomination proceeded from the Lawyers, who always selected the ablest of the profession in order to get rid of him, and share his practice among themselves. It was here he said the interest of the electors to make the best choice, which should always be made the case if possible.

A real structural safeguard!

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