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What does a President look for in his judges?  Include discussions on Judicial Activism, Judicial Constraint, Strict Constructionist.

Question

What does a President look for in his judges?

Include discussions on Judicial Activism, Judicial Constraint, Strict Constructionist.

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Solution

When a President is looking for judges, there are several key factors that they consider.

  1. Judicial Philosophy: This is the first and foremost factor. The President usually looks for judges who share his or her judicial philosophy. There are two main philosophies: Judicial Activism and Judicial Restraint.

    • Judicial Activism: Judges who follow this philosophy believe that the courts should play a role in shaping social policy. They often interpret the Constitution in a broad manner, allowing for the evolution of law with societal changes. They are more likely to make decisions that reflect their personal or political views.

    • Judicial Restraint: Judges who follow this philosophy believe that the courts should not play a role in policy-making and should defer to the decisions of the elected branches of government unless their actions clearly violate the Constitution. They are more likely to stick to the original intent of the Constitution and avoid making decisions based on their personal views.

  2. Strict Constructionist: This is another judicial philosophy that a President might look for in a judge. Strict constructionists interpret the Constitution as its authors originally intended and do not believe in the idea of a "living Constitution" that evolves over time. They argue that the Constitution should be interpreted narrowly, with any ambiguities resolved in favor of limiting the powers of the federal government.

  3. Professional Competence: The President also looks for judges who have a high level of professional competence. This includes a strong understanding of the law, a good judicial temperament, and a record of integrity and ethical behavior.

  4. Political Considerations: The President might also consider political factors when choosing judges. For example, they might choose judges who are likely to be confirmed by the Senate, or judges who reflect the diversity of the country.

  5. Personal Background: The President might also consider a judge's personal background, including their education, previous judicial experience, and even their personal life.

In conclusion, a President looks for judges who share his or her judicial philosophy, have a high level of professional competence, and meet certain political and personal considerations.

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