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Wednesday, June 29, 2005

Benjamin Franklin on Judicial Selection

I love Ben Franklin. From Madison's Notes, Franklin chimes in during the hammering out of judicial selection in the U.S. Constitution:

"Docr. FRANKLIN observed that two modes of chusing the Judges had been mentioned, to wit, by the Legislature and by the Executive. He wished such other modes to be suggested as might occur to other gentlemen; it being a point of great moment. He would mention one which he had understood was practiced in Scotland. He then in a brief and entertaining manner related a Scotch mode, in which the nomination proceeded from the Lawyers, who always selected the ablest of the profession in order to get rid of him, and share his practice among themselves. It was here he said the interest of the electors to make the best choice, which should always be made the case if possible."

The Debates in the Federal Convention of 1787 reported by James Madison : June 5

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