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Why did the Founding Fathers create a system of appointing judges that required cooperation between the President and the Senate?

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The Founding Fathers created a system requiring judges appointed by the President to be confirmed by the Senate. This was done to prevent any branch of government from becoming too powerful.

There was a real concern when the Constitution was being written about individuals in the government or the government...

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as a whole having too much power. This was part of the reason colonists fought for independence from Great Britain. To try to prevent this from occurring in the United States, the Founding Fathers created the concepts of separation of powers and checks and balances.

The separation of powers idea refers to giving each branch of government different jobs so no branch can do everything on its own. The system of checks and balances allows each branch to limit the power of the other branches. One way the legislative branch can limit the power of the executive branch is through mandatory Senate approval of the Presidents' judge appointments. This is happening at this moment with the Supreme Court. The President made an appointment, but that appointment won’t go into effect until the candidate is approved by the Senate.

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The reason that the Framers did this was because they did not want any one part of the government having too much power.  This is the basic reason behind all of the checks and balances that appear in the US governmental system.

The Framers wanted to be sure that both the legislative and the executive branches would have some sort of check on the judiciary.  In addition, they wanted the legislative to check the executive.  Having the president and the Senate have to cooperate accomplishes all of these goals.  It allows both the executive and the legislative branches to have some control over the judiciary by selecting its members.  It allows the legislative branch to check the executive by getting to approve or reject appointees.

In this way, various branches check one another and it is less possible for any one branch to get too much power.

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Why did the Framers create a system of appointing judges that required cooperation between the President & Senate?

This is part of the overall idea of checks and balances that is one of the major bases of our political system.  The system was set up like this so that no part of the government would be completely independent of the other parts.  That way, the parts of the government can stop one another from doing things that tend towards tyranny.

By making it so that the Senate and the President both have to concur, the framers were trying to make it so that neither the President nor the Senate could have too much influence over the judges.  They were trying to make sure that the President could not get into office and start appointing judges who were for him but who were likely to do really bad things once in office.

If it were not for this, the President could come in and appoint people who were incompetent but were his friends.  Or he could appoint people who were really radical in terms of their beliefs.  By making the Senate approve the appointments, the Framers prevented this from happening.

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