The US constitution has laid down some mechanism to establish checksand balance in the judiciary, executive and legislative arms ofgovernment. Nomination of judges is import step in the functioning ofjudiciary and the US constitution allows the president to appointjudges after seeking advice and consent from the senate. The SupremeCourt judges should not be elected since this will not be a fairprocess as it will depend on composition of senate, public approvalrate, and timing of election cycle and strength of interest groups(Wilson,2012). This will undermine the independence of thejudges in their work. However, appointment of judges by presidentalso influences independence of judges since the president appointspersons with similar views with him/her. The controversy was seenwhen President Bush joined office since there were 50 Democrats and50 Republicans thus the decision in senate concerning approval ofappointees was complicated.
Thereshould be a process to remove justice from the court in case he/shedoes not demonstrate good behavior like being involved in criminalactivities. Politics play a role in appointment of judges since it isthe president who nominates judges who will then be approved bycongress. If the president has many supporters in the senate, thenthe nominated judge will get the job. However, there is a regulationfrom legislature who makes the law to ensure balance in process.Furthermore, the congress maintains balance since they can disapprovepresidential nomination. The Supreme Court further has power toinvalidate any law or procedures passed by congress that does notsupport fairness in judiciary and the whole country.
TheSupreme Court addresses issues that are important such as to resolvea conflict of law. The Supreme Court passed a decision on gay rightsthat their rights have to be respected. The Supreme Court ruled thatsame-sex couples can be allowed to marry (Barnes, 2015). The makeupof Supreme Court influences the decision in that some judges havebecome sensitive to public opinion as it was on the case of gayrights. Thus judges make decision based on public opinion onimportant issues in the society.
Barnes, R. (2016). Supreme Court rules gay couples nationwide have aright to marry. Retrieved fromhttps://www.washingtonpost.com/politics/gay-marriage-and-other-major-rulings-at-the-supreme-court/2015/06/25/ef75a120-1b6d-11e5-bd7f-4611a60dd8e5_story.html.
Wilson,S. H. (2012). TheU.S. justice system: An encyclopedia.Santa Barbara, Calif: ABC-CLIO.