What's Law Got to Do with It? What Judges Do, Why They Do It, and What's at Stake

By Charles Gardner Geyh | Go to book overview

10
Are Judicial Elections
Democracy-Enhancing?

David Pozen

IN HER CONTRIBUTION to this volume and in a recent book, Melinda Gann Hall charges the opponents of judicial elections with being “antidemocratic” (Hall, this volume). Blinded by their “unflattering view of voters” (ibid.) and in thrall to the Article III model of life-tenured executive appointment, these naysayers have, in her telling, ignored the empirical evidence. Hall’s own work has shown that campaigns for state high court judgeships now feature significant amounts of spending and competition, as well as fairly robust forms of political speech and participation (for example, Hall 2001). Yet at the same time as judicial elections have been going up and up on these standard legitimacy-conferring dimensions, the opposition has only doubled down, launching “a full-scale war” against the institution (Bonneau and Hall 2009, 1, 128).1 The legal community’s advocacy in this regard, Hall says, “falls just short of zealotry in its condemnation of democratic politics” (Hall, this volume).

By framing the debate over state judicial selection as one between those who would privilege democratic values and those who would privilege other (unnamed) values in the method they favor, Hall reprises a classic dichotomy that has defined this literature. On the one hand, it is assumed, choosing judges by election facilitates self-government by empowering the people to hold accountable these important officials. Whatever else they might be, elections are “democracy-enhancing institutions” (Bonneau and Hall 2009, 2). On the other hand, it is argued, choosing judges by election undermines their independence and therefore threatens values such as professionalism, legality,

-248-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
What's Law Got to Do with It? What Judges Do, Why They Do It, and What's at Stake
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 356

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.