Why did the founders think that judicial independence was important?

Learn this with friends

History & humanitiesConstitution 1011:432 check-ins

About this video

The founders had seen King George pressure colonial judges by threatening their salaries and jobs. So Article III gives federal judges lifetime appointments, protects their salaries, and allows removal only by impeachment. This independence lets judges rule as the law requires, even against a president, as in United States v. Nixon.

You'll be able to

  • explain why the founders wanted judges to be independent.
  • list the protections Article III gives federal judges.
  • use United States v. Nixon as an example of judicial independence.

Key words

Judicial independence
Judges being free to decide cases without pressure or punishment from other parts of government.
Impeachment
The process for charging and removing an official for serious wrongdoing.
Life tenure
Keeping a job for life unless removed for misconduct.
Transcript

King George had put pressure on judges to do what he wanted and not to let these pesky colonists off when they printed pamphlets attacking him, etc. One of the things that was complained about the Declaration of Independence was that the judges were under his pressure, that he could cut their salaries, that he could take them off the job. In the Constitution in Article III, which sets up the judiciary, the framers specifically provided that, we judges would get confirmed and we'd have a lifetime job and that the government couldn't cut our salaries. The only way we could be kicked out was if we were impeached for committing some high crime or misdemeanor. It gives me that security that I can rule whatever way the law tells me to rule. I remember being very surprised when I saw some editorials in foreign countries pointing out that in most other countries,

a judge would never think of ruling against the president who appointed him or her. In these countries, the judge would be thrown in jail if the judge did. In our country, when judges handout a decision, the president obey. Even when it was United States versus Nixon, where the Supreme Court told President Nixon to turn over the tapes that would mean his downfall and he ultimately resigned from the presidency. Even a president is not above the law because the judges had that independence and they have the confidence of knowing that nothing can be done to them, and they can just speak without fear or favor.

Video © Khan Academy, used under CC BY-NC-SA. Watch on Khan Academy. Puzzicle is not affiliated with Khan Academy.