State courts would continue to hear cases involving state laws.
The next question concerned the appointment of national judges.
Some delegates believed judges should be appointed by the legislature. Others believed they should be appointed by the president.
James Wilson argued in support of having one person appoint judges. He said experience showed that large bodies could not make appointments fairly or openly.
John Rutledge disagreed strongly. By no means, he said, should the president appoint judges. He said that method looked too much like monarchy.
Benjamin Franklin then told a funny little story. In Scotland, he said, he understood that judges were appointed by lawyers. They always chose the very best lawyer to be a judge. Then they divided that person’s cases among themselves.
The delegates voted on the issue. They agreed that the legislature could decide how many judges would sit on the Supreme Court. The president would appoint the judges. The legislature could establish lower courts from time to time. The president would appoint those judges, too.
The issues involving the executive and the federal courts were serious questions that most delegates felt strongly about. But the most hotly debated issue of the convention was still to come. Would small states and large states have an equal voice in the central government? That will be our story next week.
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2013-11-25
2013-11-25
2013-11-25
2013-11-25
2013-11-25
2013-11-25