The Recall of the Judiciary in California. a Summary of Reasons Against Recalling Judges At Popular Elections
The Recall of the Judiciary in California. a Summary of Reasons Against Recalling Judges At Popular Elections
William Denman
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It is the duty of the judge to determine the constitutionality of many questions of a quasi-political nature, which affect many different fac- tions. In the heat of such struggles a combination of factions could be easily arranged to recall the judge while the orderly and more conservative procedure of amending the constitution will be ignored. The recall at popular election would make the courts a forum of popular political controversy rather than a judicial tribunal. 7. Because, viewing the l...ast objection from another angle, if it is the desire to take from the courts the power to declare acts of the legislature void as unconstitutional, then this should be done directly and honestly by amending the constitution and declaring that the legislature should be the final judge of the constitutionality of its own acts. It should not be done indirectly and dishonestly by hold- ing a club over the heads of the judges. 8. Because in California one of the principal evils in our judicial system no longer exists, i.
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