The Difference Between a Supreme Court Justice and a Judge

Introduction 

The constitution of the United States of America creates a federal government where powers are shared between the central government and the state governments. Both governments have their own court systems. There are several differences that exist between judges and justices that serve in the different courts. For one, judges work in the lower courts usually based in states while justices are found in the Appellate Court and the Supreme Court. This paper seeks to examine the differences in the selection and appointment of federal judges versus court justices. It will also examine the differences between the selection and length of service of Justices of Supreme Court and members of the congress.

Differences in Nomination and Appointment: Federal Judges and Supreme Court Justices 

Unlike most judges who are elected into office at their local level, federal judges are appointed. The constitution stipulates that all federal judges should be nominated by the President. The nominees then undergo vetting before being approved by the senate approval by the Senate. To help in the appointment of federal judges, the American Bar Association maintains a list of potential candidates for vetting. Each of them is given a rating depending on their performance and professional record. Inclusion or a rating in the list is not a requirement for the nomination, but many are usually considered based on the list. Once nominated by the president, the candidate goes through open judgeship and if confirmed; they go through a swearing-in ceremony (Chemerinsky, 2002). Federal judges are appointed to serve a lifetime, but there is room for resignation, retiring, or impeachment.

Just like in the case of federal judges, the head of state is responsible for the nomination of Supreme Court justices. They must then be confirmed by a majority vote in the senate, then officially sworn in accordance with the constitution. However, there are some differences in their appointment when compared to that of federal judges. For instance, the nomination process is often highly publicized and contentious unlike in federal judgeship. The justices determine important aspects of people’s lives which make the appointments to be considered more significant. Most presidents nominate individuals that share their ideologies. The constitution does not set qualification for service as a Supreme Court justice meaning the president can nominate any individual to the office. Supreme Court justices once appointed serve an indefinite tenure unless they retire, resign, or are impeached (Teitelbaum, 2006).

Differences in Selection and Length of Terms: Supreme Court Justices and the Congress 

The selection and length of terms for justices and congress members differ in a number of ways. As discussed above, justices are selected by the president and approved by the senate. On the contrary, members of congress get into office through election by registered voters. Party candidates for the congress positions are first selected in the primary elections by the voters. The general elections then determine the congress members that will serve the district or state in the preceding term. At the general elections, voters select from all the candidates from both the two major parties and independent ones. Candidates that emerge with the highest votes are elected as the member of congress (Poole & Rosenthal, 2011).

While the term for justices is indefinite, members of congress serve different terms depending on their offices. House of Representatives serves a two-year term. They can, however, run for re-election every even year. On the other hand, s enators serve a term of six years. Elections to the senate are also staggered over even years. What this means is that only about a third of the entire senate is vacant for election during any national election (Poole & Rosenthal, 2011).

Conclusion 

In conclusion, several differences exist between justices and federal judges as well as between justices and members of congress. Justices and federal judges are appointed while members of congress are elected. The selection, appointment, or elections of these individuals to office is enshrined in the constitution of the United States of America. There are also differences in their terms of service as discussed in this text. Federal judges and justices’ terms are for life while congress members have a definite term length.

References

Chemerinsky, E. (2002). Ideology and the Selection of Federal Judges. UC Davis L. Rev ., 36, 619.

Poole, K. T., & Rosenthal, H. L. (2011). Ideology and congress (Vol. 1) . Piscataway, New Jersey: Transaction Publishers.

Teitelbaum, J. C. (2006). Age, Tenure, and Productivity of the US Supreme Court: Are Term Limits Necessary? Florida State University Law Review , 34(1), 161-181.