American - Judge | August 15, 1938 -
You will read in the newspaper more often about federal courts, but the law that affects people, the trials that affect human beings are by and large in the state courts.
Stephen Breyer
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Judges are appointed often through the political process.
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I thought that that was an effort to inject a popular element, a democratic element into the selection of a person who, once he is selected and confirmed, is beyond electoral control.
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Nobody wants a judge to be subject to the political whim of the moment.
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But once the person is selected, at that point that person is independent.
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We are selected, but I grew up in California and in San Francisco and there was a system of electing judges.
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I think it shows that if you have one group of people doing it, you'll get another group of people doing it.
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I mean those people who are interested in good government will certainly contribute in order to make certain there's some counter-balance to those whose interests in good government is less.
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Ultimately, the question of campaign contributions will be decided by the public.
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We can speak about the institution, but ultimately the bar is the group that both is in touch with the public on the one hand and understands the judicial institution on the other.
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There are loads of countries that have nice written constitutions like ours. But there aren't loads of countries where they're followed.
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