A Short and Pointed History of Judicial Selection

Abstract

Chapter 2 places the current state of affairs in context, with a short history of judicial selection in the United States, touching on the five distinct methods of judicial selection that have evolved over time. It begins by discussing colonial rule and gubernatorial appointments, then moves to early statehood and legislative appointments. The Age of Jackson is then examined, in particular Jacksonian democracy and its aftermath, which saw the rise of partisan judicial elections. The chapter then discusses how the Populist-Progressive era ushered in the advent of nonpartisan and recall elections. Finally, it describes the merit selection movement in the twentieth century before concluding that in the modern era, the American judiciary has undergone a political transformation that has placed increasing emphasis on constraining independence and enhancing political control.