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Separation of Powers
I was perusing through another thread and got to thinking about the three branches of government. Then, as usual, my brain got the best of me and I ended up more confused than when I started. I'm hoping you all can help me untie some of the knots.
What it boils down to is where the separation is between the executive branch and judicial branch when the prez gets to hire (ok, appoints) all the judges? Who pays the salaries of the judges anyway? It would seem that there must be some conflict of interest somewhere if the case is brought on by the US and it also pays the judges salary. In the state level, it's easier to divvy up the costs between the county, city, and state, but federally?
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Re: Separation of Powers
The Constitution itself states the federal Judiciary is to receive compensation for thier service.
Why isn't the Congress delegated authority to set salaries? They set the President's, which right now is $400,000.00/yr.
The Constitution itself also states that Congressmen are to be paid out of the US Treasury money, so are Article 1 and 3 Judges any different? Congress raises revenue to fund the Treasury, as the Constitution states all bills for raising revenue shall originate in the House.
Now, true, the Treasury is part of the Executive branch, but Congress also created the Cabinet positions.
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Re: Separation of Powers
Also, to answer the narrow question of conflict of interest when the U.S. is a party to a suit being decided by judges (or justices) who are paid by the government, I would just point out that there are reasons the Constitution on its own terms precludes the lowering of judges' salaries and affords them continued employment for the duration of good behavior. The good behavior clause is the one in which you could arguably make the point that bad behavior is not agreeing with one's employer, but no such attempt to remove a federal judge has ever been successful.
The closest attempt I can readily think of is the impeachment of Justice Samuel Chase, who was later acquitted in the Senate. He was impeached by the House for letting his political leanings affect his judicial decisions.