At the federal level, judges are nominated by the President and then those nominees have to be approved by the Senate. The U.S. Constitution does not specify how states can choose their judges so different states use different methods. The three most common methods used by states are listed below:
Method 1: Direct elections - Candidates raise money and campaign to be a judge. The voters then elect one of the candidates.
Method 2: Appointment - In this method, state judges are appointed by the Governor. There is often no legislative approval required. A couple of states have the state legislature appoint judges, but usually it is the Governor.
Method 3: The Missouri Plan - This is a compromise between methods 1 and 2. In the Missouri Plan, the governor appoints judges, but the governor must make each appointment from a list of three candidates recommended by a judicial nominating commission. The commission is made up of a sitting judge, several legal experts, and some private citizens. Each judge named by the governor serves until the next election. The judge's name then appears on the ballot without opposition. The voters decide, in a yes-no vote, whether or not that judge should be kept in office. Should the voters reject a sitting judge, the process begins again.
Read the information above about the three methods most commonly used to select judges at the state level. Pick the method that you believe is the best. Write a paragraph persuading your fellow Ohioans that Ohio should start using this method. If you agree with how Ohio already chooses its judges, then persuade a different state to use our current method. Your essay needs to provide three (3) arguments supporting your method of choice, and you need to back these arguments up with supporting details. For example, you could use constitutional principles to back up your arguments. (6 points) *
Identify three (3) ways that you are impacted by your state or local government. What are some services provided by these levels of government? Why doesn't the federal government take on more of this role? Your essay should mention the principles of federalism and limited government and explain how they apply to this question. (6 points)
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For the selection of judges at the state level, the method that I believe is the best is the Missouri Plan. This method strikes a balance between direct elections and appointments and ensures that judges are chosen based on their qualifications and merit rather than politics or popular vote. Here are three arguments supporting the use of the Missouri Plan in Ohio:
1. Merit-based selection: The Missouri Plan ensures that judges are chosen based on their qualifications, experience, and merit. The judicial nominating commission, comprising of legal experts, sitting judges, and private citizens, thoroughly evaluates potential candidates and recommends a list of three qualified individuals for the governor to choose from. This process promotes the selection of judges based on their expertise and capabilities, rather than their ability to campaign or fundraise.
2. Non-partisan selection: By requiring the judicial nominating commission to recommend candidates for appointment, the Missouri Plan helps to minimize the influence of political interests in the selection of judges. It allows for a non-partisan evaluation of candidates, ensuring that judges are not chosen solely based on their party affiliation but rather on their qualifications and commitment to upholding the law impartially. This helps in maintaining the integrity and independence of the judiciary.
3. Retention elections and accountability: Under the Missouri Plan, judges' names appear on the ballot in retention elections without opposition. This allows the voters to decide, in a simple yes-no vote, whether a judge should be retained in office. This electoral process provides a mechanism for accountability while maintaining the integrity of the judiciary. It allows voters to judge a judge's performance based on their record and decisions, rather than being swayed by campaign promises or political affiliations.
In terms of how state and local governments impact our lives, here are three ways:
1. Education: State and local governments play a crucial role in providing and funding public education. They establish and maintain schools, develop curricula, hire teachers, and allocate resources to ensure quality education. This impacts us directly as students, parents, or stakeholders in the education system.
2. Law enforcement and public safety: State and local governments have the responsibility of maintaining law and order within their jurisdictions. They fund and operate police departments, fire departments, and emergency services, ensuring public safety and responding to emergencies. Their actions directly impact our daily lives and our sense of security.
3. Infrastructure and transportation: State and local governments are responsible for building and maintaining infrastructure such as roads, bridges, public transportation systems, and utilities. They invest in transportation projects, improving mobility and connectivity for residents, businesses, and commuters. The condition of local roads, availability of public transportation, and access to basic utilities directly affect our daily lives and quality of living.
The federal government does not take on more of these roles primarily due to the principles of federalism and limited government. Federalism ensures a division of powers between the federal government and state or local governments. This division is essential to maintain a balance of power, prevent consolidation of authority, and accommodate regional variations and preferences. It allows for local control and decision-making, as different states and localities may have different needs and priorities.
Limited government ensures that the powers and responsibilities of the federal government are limited to those specified in the Constitution. This helps to prevent an overreach of federal authority and allows for more efficient governance at the state and local levels. By decentralizing responsibilities, state and local governments can work more closely with their constituents, understand their specific needs, and respond accordingly.
In conclusion, the Missouri Plan provides a balanced method for selecting judges at the state level, based on merit and non-partisan evaluation. State and local governments impact our lives through services like education, law enforcement, and infrastructure development. The principles of federalism and limited government support the division of responsibilities between the federal and state or local governments, allowing for more effective governance and tailored solutions to regional needs.
To persuade fellow Ohioans that Ohio should start using the Missouri Plan to select judges, there are three main arguments that can be made. Firstly, the Missouri Plan ensures a fair and impartial selection process. By having a judicial nominating commission recommend a list of candidates to the governor, it introduces a level of expertise and non-partisanship in the selection process. This helps to reduce the influence of political considerations and promotes merit-based appointments. Secondly, the Missouri Plan provides a system of checks and balances. While the governor has the power to appoint judges, the voters have the final say through the retention election. This allows the public to hold judges accountable for their performance and makes the process more democratic. Lastly, the Missouri Plan increases judicial independence. By having judges serve until the next election and then face a yes-no vote, it insulates them from political pressures and helps to protect their judicial independence.
In terms of how individuals are impacted by their state or local government, there are three primary ways. Firstly, state and local governments are responsible for providing essential services such as education, healthcare, and transportation. These services directly impact the daily lives of citizens and contribute to the overall well-being of communities. Secondly, state and local governments have the power to enact and enforce laws and regulations that shape the environment in which people live and work. This includes areas such as zoning regulations, building codes, and local ordinances. Lastly, state and local governments play a crucial role in fiscal matters, including taxation, budgeting, and infrastructure investment. They are responsible for managing public finances and allocating resources to meet the needs of their respective jurisdictions.
The reason why the federal government doesn't take on more of this role is rooted in the principles of federalism and limited government. Federalism, which is enshrined in the U.S. Constitution, divides powers between the federal government and the states. This division of powers allows for a balance of authority, enabling states to address specific local needs and preferences. Limited government, on the other hand, emphasizes the importance of placing certain limits on governmental power to protect individual rights and prevent the concentration of authority. By decentralizing responsibilities to state and local governments, it allows for more localized decision-making and tailoring of services to suit the needs of diverse communities. Furthermore, the federal government is focused on addressing national issues and providing a framework for states to operate within, rather than assuming direct control over every aspect of governance.