Saturday, July 13, 2024

Representative Democratic Model- Selectable Offices Part Thirty-One The Filling Of Vacancies For Federal Appellate Court Judges: The Filling Of Vacancies For Federal Appellate Court Judges:

Representative Democratic Model- Selectable Offices
PartThirty-One The Filling Of Vacancies For Federal Appellate Court Judges:


If a Federal Appellate Court Judge cannot complete that term for any reason (removal, retirement, resignation, or death), then the Federal House Speaker should appoint a Substitute Federal Appellate Court Judge to serve till the end of the next legislative session. If the term of the vacated judge expires by the time the next legislative session ends, the VPOTUS should nominate and the U.S. House Of Representatives should confirm another individual to serve as Federal Appellate Court Judge.
If the term of the vacated Federal Appellate Court Judge has not expired by the end of the next legislative session, the VPOTUS should unilaterally select the Acting Federal Appellate Court Judge who will serve till the end of that term. The Substitute Federal Appellate Court Judge is ineligible to serve as Acting Federal Appellate Court Judge.
He/she should be subject to nomination by the VPOTUS and then by confirmation by the U.S. House Of Representatives if he/she desires to remain on that bench upon completion of the term the vacated Federal Appellate Court Judge was scheduled to serve. If confirmed by the U.S. Senate, the Acting U.S. Appellate Court Judge becomes the U.S. Appellate Court Judge for the entire next new term.
The President or the federal legislatures should not get involved in the selection of an Acting U.S. Appellate Court Judge. It would demonstrate direct democratic mode as involvement by too many government bodies means too much political interference.
The choosing of any acting officeholder has to be more non-political than the choosing of an officeholder. An U.S. Appellate Court Judge, before serving the first term, should have to be both nominated and confirmed. However an individual initially serving as Acting U.S. Appellate Court Judge only needs to be selected by the VPOTUS to serve the remaining term of the vacated judge.
The Substitute Federal Appellate Court Judge is barred from serving as both Acting and as Actual Federal Appellate Court Judge. Otherwise the lack of this ban would precipitate Democratic Imperialism due to the fact centralization of power would result. An individual serving in multiple roles is considered Imperial Democratic Mode.
Allowing the Acting U.S. Appellate Court Judge to serve longer than the remaining term of the vacated Federal Appellate Court Judge without nomination and confirmation is also demonstrating Imperial Democratic Mode.

Cliff Notes Version: The Federal House Speaker chooses the substitute for the federal appellate court judge to serve till the end of the next legislative session. After that, if the term of the vacated Federal Appellate Court Judge has not expired, the Vice-President finds another individual to act as federal appellate court judge till the end of that term.
Only the VPOTUS should select the Acting U.S. Appellate Court Judge. The Acting Federal Appellate Court Judge can become the Federal Appellate Court Judge once he/she completes the vacated U.S. Appellate Court Judge's term and is both nominated by the VPOTUS and then confirmed by the U.S. House of Representatives.
The choosing of any acting officeholder has to be more non-political than the choosing of an officeholder. Involvement from too many government bodies means direct democratic mode. This means too much political interference. However, insufficient involvement by government bodies breeds Imperial Democratic Mode.