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Federalism

Journal

2015

ConLawNOW

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Full-Text Articles in Law

Toward A Judicial Bulwark Against Constitutional Extravagance - A Proposed Constitutional Amendment For State Consent Over Judicial Appointments, Steven T. Voigt Aug 2015

Toward A Judicial Bulwark Against Constitutional Extravagance - A Proposed Constitutional Amendment For State Consent Over Judicial Appointments, Steven T. Voigt

ConLawNOW

Imagine a championship football game where one team is allowed to pick all of the referees.

Since the beginning of our nation, the line dividing federal and state power has been debated. But it has been decided in the federal courts, where judges were originally chosen by the President with the consent of a Senate that was chosen by the legislatures of the States. Federal judges are still chosen by the President with the consent of the Senate, but the Senate is no longer chosen by the States. With this constitutional change that proponents wrongly argued would not affect state …