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The Missouri Plan is not without critics. There are several alternative ways of filling judicial posts that are used in other states. These include direct elections (either partisan or non-partisan), election by the state legislature, or appointment by the governor with advice and consent of the state senate.
Until 1964, state senators were generally elected from districts that were not necessarily equal in population. In some cases state senate districts were based partly on county lines. In the vast majority of states, the Senate districts provided proportionately greater representation to rural areas. However, in the 1964 decision Reynolds v.
The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India.
After appointment by the governor and confirmation by the Commissioner on Judicial Appointments, an incumbent judge would appear on the ballot without an opponent and voters would vote for or against. [4] Judges receiving a majority of votes would be elected to serve. California State Constitution: Article VI, Section 16 d. [5]
All state governments are modeled after the federal government and consist of three branches (although the three-branch structure is not Constitutionally required): executive, legislative, and judicial. [2] [3] All state governments are also organized as presidential systems where the governor is both head of government and head of state (even ...
South Carolina and Virginia use a system of legislative appointment, while in Vermont, the governor makes the initial appointment of judges, but the legislature has the power to re-appoint judges to new terms. [15] Various other factors can influence the appointment and re-appointment of state supreme court judges.
As the Senate now remains in session nearly year-round, this recess appointment power has lost its original necessity and usefulness. [3] [74] There have been 12 recess appointments to the Supreme Court altogether. George Washington made two: Thomas Johnson in August 1791, and John Rutledge in July 1795. Rutledge is the only recess-appointed ...
The Supreme Court's interpretations of constitutional law are binding on the legislative and executive branches of the federal government, on the lower courts in the federal system, and on all state courts. [8] This system of binding interpretations or precedents evolved from the common law system (called "stare decisis"), where courts are ...