ฝัง
- เผยแพร่เมื่อ 31 พ.ค. 2018
- There are hundreds of people serving as judges in the Federal Court System, but how did they all get there? What's the process to becoming a federal judge - and how can you affect who these people are?
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This is the third Hank video in a row in my subs feed.
FutureNow I had a Hannah Hart video in between but that is still a pretty brilliant friday!
I’m not American but that was very interesting to watch! Neatly and dynamically explained as well (:
It is also worth noting some states don't vote for judges per say, instead vote to retain or release them. Other states vote for judges like any other government office. Not sure how that fits with the 39 state figure that was mentioned.
Yeah, keeping tabs on which states allow for voting and *how* is tricky, because there are a lot of variables, like this, as well as the different levels at which those elections may happen. The essential point is that there's a very good chance judges will appear on your ballot at some point and that those elections are very important.
Complexly very true. While the 10th Amendment is great, this is one of the issues with it.
I would assume that the 39 state total includes BOTH the states in which judge candidates run for office like other politicians (although they are not allowed to use political party labels, hence the elections are "non-partisan," and it is considered very bad form to say publicly that "when a case like X comes up, I will rule Y"); and the states in which judges are appointed to fill vacancies, then voted "retain" or "release" every X years.
Even though judges are supposed to be non-partisan, the legal community usually knows which ones have generally liberal ideas and which ones have generally conservative ideas, and political action committees (PACs) have been known to run ads (in electronic media, print media, mailers, and bumper stickers and yard signs) for or against candidates and sitting judges up for retention votes. In retention states, most judges are almost automatically retained unless some PAC or some lobby group is interested enough to run ads against them. And this is generally held to be a good thing in most cases, because a good, impartial judge will anger some plaintiffs and defendants and be approved by others, so absent some kind of misconduct, they may as well stay on the bench. Occasionally, some group will consider a decision they don't like, even if it is arrived at by due consideration of the law involved, to be "misconduct," and will advertise that judge X should not be retained.
This series was perfectly timed with my getting a job in a law librarian and it's been super helpful.
this is super high quality video.. content and everything is perfect.
Thank you
Thank you so much for making this series! I'm loving it and learning so much so far.
(quick note: I think some fonts weren't linked when the thumbnail on this video was exported - the typeface doesn't match the other two)
Can't wait for the next episode! I'm very interested in this kind of stuff but I have a hard time interpreting it. I think being familiar with Hank from other channels made this easier for me to understand.
What was the last time Hank made a video that got this few views?
Extremely good video. I have subscribed
Hank Green. Love the vlogbrothers.
I wish I had a friend this smart!
Thank you for pimping this series hank ily
I know you often hear me saying how beautiful you are and how much I love you but I mean it. You’re my favorite cutie ^.^
Excellent choice of shirt.
I'm sure I'm not the first to bring this up, but almost everything you talked about is a 'how it's usually done' thing. There's nothing requiring the president to request a list, or to pay attention to one, from the Judiciary Committee if no one in the Senate holds him accountable, as we've seen with some District Judges. Additionally, I don't know about District or Appellate judges, but there are no rules on the qualifications necessary for a Supreme Court judge. He/she doesn't have to have studied or practiced law. They don't even have to be members of the Bar. Usually these would be disqualifying points, but we currently live in unusual times. This is not an attack on Judge Kaufman, by the way. I am sure he is qualified - he served in one of the most important districts in the country. This is just to say that the qualifications you listed are only necessary if there's someone who would fight for them.
Are the ABA candidate ratings public information? If so, where would i look to see what their ratings are?
This was great, but when you said that it takes 2/3 of the senate to decide to stop debate and go to a vote (cloture), that sounded really surprising given what just happened with Gorsuch’s confirmation, so I looked it up: it’s actually a 3/5 majority now, not 2/3. But on top of that, there are obscure rules that allow the “nuclear option”: temporarily turning the cloture threshold to a simple majority. In essence, if the majority party gets tired of waiting, all they really need is 51 votes to stop a filibuster and confirm a judge. Which in today’s world basically means there’s no point to having the 60% or 67% thresholds: all you need is 51%. From what I can tell, this has happened at least twice now and seems like it will happen a lot more in the future.
Thank you, my son wants to be a federal judge
Can an appointed judge be removed? I realize that the stated term is for life, but barring death or voluntarily stepping down, are there steps that can be taken to remove them from the bench before either of those events?
Yes, through the Impeachment process and it can be for "conduct" not necessarily actual crimes. The House of Reps votes to impeach and the Senate conducts the trial. It's rare though, only 15 judges have been impeached and only 8 of those actually convicted by the Senate. Four resigned before the Senate completed the trial.
Impeachment for judges and lower level appointed officials usually FOLLOWS indictment and conviction if a crime is involved, because a judge retains the TITLE and the SALARY for life unless impeached, even if he/she is sitting in a jail cell and unable to hear any cases. This doesn't happen often, but more often than impeachment for other causes; after all, it wastes the taxpayers' money and stops a court from functioning until they are impeached and removed from office (a two step process: majority vote of the House, a "trial" in the Senate, and two thirds vote in the Senate; Andrew Johnson in 1865-66 and Bill Clinton in his second term in the 1990s, were impeached but NOT removed from office, but lower profile officials are generally removed if they are impeached).
There were hundreds, maybe thousands, of signs painted on barns in the years after the 1954 Brown v Kansas Board of Education case, which reversed Plessy v Ferguson (c. 1905) and abolished racially segregated public schools, demanding "impeach Earl Warren," the Chief Justice appointed by Eisenhower who wrote that and other progressive opinions, and headed the commission that investigated the 1963 Kennedy assassination. Congress ignored them all (although I suspect THIS Congress would have acted on that advice).
Is that a radiometer behind you?
Not everyone is seeing your thumbnails with the numbers ☹️
It hurts to read this in 2020
I think it should be pointed out that the Senate rules on cloture have been changed so that cloture can be called with a simple majority for all federal judges (as of Gorsuch, including the Supreme Court). This was referred to as the "nuclear option" before it was actually implemented. So the video isn't exactly accurate on that point. Historically the 2/3 majority was the rule and a simple majority could reinstate that, but that seems unlikely.
At least they can't remove the two thirds vote to remove an impeached official. Not without an amendment anyway.
It’s time to change the rules for all judges and the senate! They should be voted out and voted into office!
Why does this only has 15k views??
Worth noting that they changed cloture to 51 instead of 2/3 as far as scotus nominees are concerned.
Quilna - I'm fairly certain it's actually gone for all federal judges at this point. Could be reinstated but that seems unlikely.
'In the pocket of big vegetable' broke me.
The nomination of a judge in US is indeed a loong complex process. It is much simpler and systematic in India. I wish US adopts a similar process. Let me know your thoughts.
I got a couple of votes today
This video is really depressing to watch under the current administration. The whole due diligence to choose qualified candidates for courts ... sigh. The good ol' days.
FutureNow 2 thirds cloture votes - that was great. ABA ratings - omg remember when those where a thing? Blue slips - “Only 90s kids will remember this.”
Republicans spent 8 years obstructing appointments under Obama. Now that they control every branch of government, there are no checks to stop them from rushing to fill as many vacancies as possible. Ousting those bad judges will take many years, where it's even possible, and they know it. But again, our laws just don't have checks for this kind of situation.
It was always abused. This admin is just taking it to the next level.
@@MarkThePage Blame Democrats for being dumb and having an identity change giving them both chambers of congress and POTUS for 2 years .. Until they lost the house by a landslide in 2018.
Help me get my land line and homeland security .
HOW COULD HE DO THAT THOUGH?? HOW COULD ONE PERSON HAVE ALL THAT POWER?? THAT'S EVIL!
Wait White House is the one doing researches? We screwed
Lack of singing cartoons. :(