"In England the judges should have independence to protect the people against the crown. Here the judges should not be independent of the people, but be appointed for not more than seven years. The people would always re-elect the good judges"
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Jackson is doing something audacious here: recasting “judicial independence” from a democratic safeguard into a faintly aristocratic vice. In Britain, he grants, judges need insulation because the real threat is the Crown. But in the American republic he’s imagining, the looming danger isn’t monarchy; it’s a homegrown ruling class of lawyers and officeholders who can drift above popular control. The pivot is the word “Here.” It’s a nationalist mic drop that also smuggles in his core populist premise: the people are not only sovereign in theory but competent in practice.
The subtext is distrust - not just of power, but of permanence. Lifetime tenure starts to look like inherited privilege by another name, a velvet-robed echo of the old world. Seven years sounds moderate and “reasonable,” long enough to learn the job, short enough to keep the bench on a leash. Jackson frames this as accountability, but it also turns the judiciary into another arena of electoral combat, where judges must anticipate public moods, party machines, and newspaper campaigns.
“The people would always re-elect the good judges” is the sweetest line and the sharpest tell. It’s less an empirical claim than a political faith statement, the kind that flatters voters while daring elites to object. Context matters: Jackson’s presidency was defined by the expansion of white male suffrage, the rise of mass parties, and open warfare with institutions he saw as anti-democratic (the Bank, bureaucrats, and often the courts). He’s not arguing about judicial theory in the abstract; he’s recruiting the bench into Jacksonian democracy’s main project: making every unelected power answer to the crowd.
The subtext is distrust - not just of power, but of permanence. Lifetime tenure starts to look like inherited privilege by another name, a velvet-robed echo of the old world. Seven years sounds moderate and “reasonable,” long enough to learn the job, short enough to keep the bench on a leash. Jackson frames this as accountability, but it also turns the judiciary into another arena of electoral combat, where judges must anticipate public moods, party machines, and newspaper campaigns.
“The people would always re-elect the good judges” is the sweetest line and the sharpest tell. It’s less an empirical claim than a political faith statement, the kind that flatters voters while daring elites to object. Context matters: Jackson’s presidency was defined by the expansion of white male suffrage, the rise of mass parties, and open warfare with institutions he saw as anti-democratic (the Bank, bureaucrats, and often the courts). He’s not arguing about judicial theory in the abstract; he’s recruiting the bench into Jacksonian democracy’s main project: making every unelected power answer to the crowd.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
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