"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"
- Andrew Jackson
About this Quote
Andrew Jackson's quote shows an unique viewpoint on the function and choice of judges within a governmental system, highlighting his beliefs in democratic principles and responsibility. Jackson contrasts the English system of judicial independence, where judges serve to safeguard the people from the prospective overreach of the monarchy, to his vision for the United States, where judges must stay liable to individuals rather than insulated from them.
In the context of England during that period, judicial self-reliance was a protect versus autocratic guideline. Judges in England were expected to act as a counterbalance to the crown's power, guaranteeing that laws were used relatively and the rights of people were secured against prospective federal government overreach. This system emerges from a historic backdrop where the monarchy often wielded considerable central power, presenting threats of arbitrary rule.
On the other hand, Jackson's view for the United States reflects a more populist and democratic point of view. He promotes for a system where judges are temporarily appointed however serve for restricted terms, particularly recommending a tenure of "not more than seven years." This limited term is substantial as it implies that judges need to preserve the trust and self-confidence of individuals they serve. Jackson appears to think that, instead of protecting versus a far-off and possibly oppressive crown, judges need to be directly responsible to the residents, who are seen as the real sovereigns in a democratic republic.
His assertion that "individuals would constantly re-elect the good judges" underscores a faith in the electorate's capability to determine and retain skilled and fair-minded judges. Jackson envisages a system where judicial performance and stability would be assessed by popular opinion, ensuring that just those who serve the public interest and administer justice effectively would remain in office. Therefore, his declaration posits a system where judicial accountability is prioritized over outright self-reliance, rooted in the essential concept of government by the individuals.