if (!matches) { } isEEARegionCheck(); If confirmed, she would be the first African American woman to serve on the Supreme Court. So the theory goes. This can lead to candidates receiving donations from special interest groups, which can further influence their decisions in court. Indiana: Some circuit court judges . The Constitution of the United States provides that federal judges shall hold their Offices during good Behaviour. This language is understood to mean that federal judges have lifetime tenure, unless they resign, retire, or are impeached and convicted. Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. In this regard, proponents have cited Alexander Hamiltons declaration in the Federalist Papers that nothing can contribute so much to its firmness and independence as permanency in office. Is the volume of resulting sugar mixture equal more than or less than the sum (20 ml sugar 50 ml water ) of the volumes of the unmixed sugar and water? 'stitle' : 'Judge races Commentary ODLAND 160610 EC' , This makes it far more likely that a judge will be invested in their community and care more about the fair application of law than protecting narrow special interests. return ''; Why Having a Business Succession Plan is Important, 5 Legal Concerns for Owners of Waterfront Property, Enjuris: Directory for Personal Injury Lawyers, Illinois Man Loses Both Legs but Wins $91 Million from 7-Eleven, Hazmat Train: Derailment Causes Health Risks in Ohio Town, Enjuris Interview: Meet South Carolina Workers Compensation and Personal Injury Lawyer George Taylor, New Colorado Law Extends Workers Comp Reporting Time, Stephanie Tucker Receives WILGs 2021 Rising Star Award, Mack Babcock Swears In As President of WILG, A National Non-Profit for Injured Workers, Wall Street Journal Interviews Mack Babcock About COVID-19 Workers Comp Claims Denials, Dogs Object to Bill Making It Illegal to Stick Their Heads Out of Car Windows, Bill Would Establish Official State Aroma, Judge: F-Word No Longer Has Sufficient Shock Value to Be a Problem at Work. Elected judges are judges who are chosen by the people through a democratic process, typically through voting in an election. It can ensure that you do not grow bored within your career field. In addition, the campaign process for electing judges can be costly, as candidates spend money to promote their campaigns and secure votes. At the time of the drafting of the Arizona Constitution, the Progressive Party and movement was very influential in American politics. . With you sitting at the top of the food chain, you will not have to be bothered by the more menial tasks. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. But judges facing elections only ruled in favor of the defendant 15 percent of that time. There are going to be times when people do not like your decisions. CNBC_Comscore = 'Politics'; The study, forthcoming in the American Economic Review, looks at how two kinds of selection systems for state court judges -- appointment by the head of the executive branch and election by popular vote -- influence their criminal sentencing decisions. The debate surrounding elected judges is a complex one, and it is ultimately up to each jurisdiction to decide whether or not to use the system. Dispersing power to appoint members of the commission across a variety of groups - the Governor, legislators from both parties - strengthens the commission's independence. mps._queue.adclone = mps._queue.adclone || []; Many judges, perhaps even most, are right in their prime at 65. TARGETED_ADS: 4, Every state has one judicial nominee to the United States District Court, and only the president of the United States can appoint a judge to that position for life. In federal courts, judges are appointed and it varies between appointment and election for state courts. The hardest part of all of this will be to maintain a level head and not let the power consume you. Some cases are going to be challenging, no matter how smart you are or how long you have been practicing law. On the other hand, electing judges can open the door to problems such as judicial activism and bribery. mps._urlContainsEmail = function() { The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. The framers of the Constitution believed that lifetime tenure was essential to the independence of the judiciary. // execute This is because they are often elected from within the community and have a better understanding of the needs and concerns of the local people. In addition to the paperwork that you produce, you will also spend a lot of your day sorting paperwork that comes in from different cases and reading reports that have been given to you for your opinion. If the judge has a personal stake in a case, for example, he or she may tend to rule in a way that benefits him or her more than the general public. 2018, https://www.enotes.com/homework-help/what-some-pros-cons-appointed-judges-700364. In all of the examples mentioned above, the. Political pressure: Elected judges may be more susceptible to political pressure and influence from special interest groups, which can compromise their ability to make impartial decisions. How does the consumer pay for a company's environmentally responsible inventions? The question boils down to whether or not politics and law should mix, and if so, to what extent. Some have speculated that her conservative judicial opinions could result in the repeal of important legislation such as the Affordable Care Act. console.log('PUB-GDPR-CHECK Blocked Categories: ', blockedCategories); //begin OneTrust Redirect It can be a prestigious job title that will open a lot of doors in society. And among the eight states that received a top ranking for their business climates, just one held judicial contests. What are five reasons to support the death penalty? const COOKIE_REGEX = /groups=([^&]*)/; return unescape(document.cookie.substring(cStart, cEnd)); )+[a-zA-Z]{2,}))/; Judges who do not have life tenure are also vulnerable to dismissal. The gubernatorial appointment method of judicial selection is a process by which the governor appoints state judges directly without having to select from a list of names provided by a selection committee. However, only eight of those 17 elections succeeded in unseating a legislator. For more than a century, federal judges have been appointed for life to remove themselves from political influence. As one study reports, "public confidence in judicial candidates and the judiciary as a whole is bolstered when voters receive such information through [judicial performance evaluation] programs." Life tenure is an effective way for judges to protect themselves from political pressure, as job security is just as important to the next person. var _regex = /([^=&/<>()[].,;:s@"]+(.[^=&/<>()[].,;:s@"]+)*)@(([[0-9]{1,3}.[0-9]{1,3}.[0-9]{1,3}.[0-9]{1,3}])|(([a-zA-Z-0-9]+. if (!mps._ext || !mps._ext.loaded) { Rather than glad-handing politicians to secure an appointment, the aspiring judge must appeal to the people he hopes to serve. var _qs = window.location.href; When a judge rules in a way that is favorable to a particular political party or group, even if it may not be in the best interests of the general public, he or she has the right to do so. There are a few potential drawbacks to having Supreme Court justices serve for life. Finally, an elected judge may be less likely to make tough decisions. !e;this.xhrGuids&&!this.xhrGuids[n]&&(this.xhrGuids[n]=!0,this.totalCbs+=1)}),f.on("xhr-load-removed",function(t,e){var n=""+p(t)+! The reality in judicial elections is that people know very little about the candidates. Sitting and aspiring judges may turn to other jobs in the legal profession if states do not compensate them adequately. The provision in the US Constitution ( Article III) that states that Federal Judges are appointed for life is the basis for their appointments. According to the U.S. Bureau of Labor Statistics (BLS), the average judge salary for state court in 2019 was around $120,000. } But every coin has a flip side, and the disadvantages of judicial elections are built around the very same factors the advantages are. Why is natural gas soaring? As the people are able to vote on the candidate of their choice, it can lead to a more diverse judicial system that is better equipped to consider the interests of different communities. There are no pros or cons. There are 870 federal judgeships with lifetime appointments. But the hype and misrepresentations that come with elections risk distorting their judgement on critical issues bearing on our democracy and economy. Previous question Next question. 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Discovering coal deposits around the world an adventure for the ages! Discover why natural gas is the better choice for your energy needs! One con is that console.log('PUB-GDPR-CHECK oneTrustCookie matches: ', matches); As such, the What are the pros and cons of being a probation officer? Accessed 2 Mar. First, it can lead to a judiciary that is not representative of the population as a whole. Redirecting. Judge Salary and Benefits. If a judicial vacancy occurs, the nominee is appointed for the rest of his or her life. Instead, the document addresses the ability of Court Justices to hold office during good Behavior and does not provide for the necessity that a Court Justice resign after a certain age or period of service. if (typeof window === 'undefined') return; return; While some judges would do great with a lifetime appointment, it would be difficult to unseat a lackadaisical judge who became complacent with his or her position and didn't work as hard. There are more than 3,000 elected judges in the state. 'id' : '103706681' , In the rest of the world, its incredibly rareor unheard offor people to directly pick their judges. 'cag[attribution_source]' : 'CNBC US Source' , Give the pros and cons of both types of judges. In reality, life tenure allows federal judges to continue serving in their positions even if they are convicted of a crime while in office. }).catch(() => {}); Some common local official positions that are elected include School Committee and Board, Board of Health, Planning Board, Finance Commission, and Housing Authority. They wanted to protect judges from political pressure and interference from the executive branch. Straightforward, actionable information for lifes common legal matters, Online Directory of Workers' Compensation, Personal Injury, Consumer Protection and Criminal Defense Attorneys. Rather poor since you will often be insulted by people and also have to deal with high levels of pressure. What Can I Expect at a Mediation Session? As judges are chosen by popular vote, they may be more likely to be influenced by political pressure and special interest groups. if (cStart !== -1) { 'hline' : 'Elections' , Judges have a number of important responsibilities, but there are a lot of pros to the job all of which you should know about. Aside from Supreme Court justices, other justices have also been impeached, but the process has been unsuccessful. 'nid' : '103706681' The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. are first and foremost interested in getting (re-)elected. Short-term focus: Elections create a focus on short-term political considerations and may not serve the long-term needs of the legal system. el.parentNode.insertBefore(s, el); (function() { Follow him on Twitter @CEDUpdate and @SteveOdland. 4 Appointed Local Officials In addition, elected judges are more likely to be familiar with local laws and regulations. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. Appointments . What are the pros and cons of this system? The main negative being that lifetime appointment limits the court to fresh ideas and . Job Security. const matches = oneTrustCookie.match(COOKIE_REGEX); const url = `${window.location.pathname}${window.location.search}`; Their responsibilities can vary greatly from court to court. Its not uncommon for the judicial system to lack political clout in the context of cases that might have a significant impact on the public, resulting in less informed decisions. const ONE_TRUST_COOKIE_NAME = 'OptanonConsent'; An example of data being processed may be a unique identifier stored in a cookie. If you need more points each way, you can split each of these up to some degree, creating subpoints that are part of the larger idea. Under these circumstances, it only makes sense that judges are motivated to raise contributions and seek the approval of voters. November 5th, 2002 General Election Ballot Question Pamphlet. Some argue that this would provide stability and continuity within the judiciary, while others contend that it could lead to corruption and abuse of power. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Chase, an associate justice, was impeached by the House of Representatives in 1804. Each and every day is going to be different because you will be presiding over new cases. It will ensure that you do not become bored at the job. Another. Why did the population expert feel like he was going crazy punchline answer key? 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In general terms, elected judges are those who are appointed to their positions as a result of a popular vote. States can look to Arizona, whose Commission on Judicial Performance Review conducts routine assessments and even develops evaluation reports that the public can access, as a model. Elena Kagan was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in May of 2017, following her appointment to the U.S. Supreme Court in 2013. Work-Life Balance. return false; A teacher walks into the Classroom and says If only Yesterday was Tomorrow Today would have been a Saturday Which Day did the Teacher make this Statement? Police officers work tirelessly every day to clean up the streets and keep their communities safe. Then figure out what the total cost of the trip would be.? 'content_id' : '103706681' , The Supreme Court has recently become a hot topic in the news. Latest answer posted January 23, 2021 at 2:37:16 PM. Voters then have periodic chances to vote judges they don't like out of office. return false; District judges in federal court earned a salary of $210,900 in 2019. Though the requirement for good behavior presents the one exception to the lifetime term of a Court Justice, as can be implemented in law through Congressional impeachment, this option is rarely used and not often seriously considered. This election is usually conducted on a local or state level, and voters are given the opportunity to choose from a selection of candidates who have been vetted and qualified for the job. script.setAttribute("onerror", "setAdblockerCookie(true);"); You may have a gut feeling about someone, but you will have to use the evidence in front of you as well as the letter of the law to make a decision. 50 Intense Pros and Cons of Biotechnology 2023, Pros and Cons of Buying an Expensive House, Will Carbon Monoxide Detector Detect Natural Gas, Why Was The European Coal And Steel Community Created, Why Was Coal Important To The Industrial Revolution, Why Is Wind A Different Type Of Resource Than Coal. Each has its advantages and disadvantages. Appointment-based . NORTH DAKOTA: All judges are selected in non-partisan elections. The con is the same, worded differently. 'https' : 'http') + '://pix.nbcuni.com/a-pii.gif?X=piiblock&S=' + mps.pagevars.instance + '&P=' + mps.pagevars.mpsid + '&A=' + i + '&U=' + encodeURIComponent(window.location.href) + '&_=' + window._mpspixZ; Each of the three systems of Supreme Court justices' appointment has pros and cons. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. In other words, they will base their decisions on what they believe to be true rather than what they believe will help them retain their jobs. Then the judges would either be forced to retire or could serve as sort of senior judge filling in. Online there are the videos called "Pros and Cons of Spanking Exploring the Benefits and Drawbacks of Ceramic Coating for Automotive Protection and Shine Conclusion Protect Your Car and Make It Shine with Ceramic Coating! Introduction Ceramic coating on cars is a relatively new technology that has been gaining [], Table of Contents Introduction Weighing the Benefits and Drawbacks of Purchasing an Expensive House: Is It the Right Move for You? His nomination has elicited both praise and criticism. Undoubtedly there were other factors driving these decisions, and the quality of a judge is certainly not measured by how often they rule in favor of the defendant. This in theory could reinforce the democratic separation between the branches of government. Is this system likely to change? mps._queue.mpsinit.push(function() { The equation must also include recruiting and retaining the nation's top judicial minds. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Along with its negative effects on judicial fairness, electing judges can also weaken an area's economy. A prosecutor is nearly 10 percent more likely to take a case to trial, rather than seek a plea bargain, in the year before he or she runs for reelection, according to a recent study. There are judicial internships that can help you with some of the behind-the-scenes action. (function() { A majority of states in the U.S. have elections for judges at the state and county levels. } It can help you to make the best possible decision about the cases that will be in your courtroom for the following week. Criteria typically include understanding of relevant law, administrative prowess, and judicial temperament. You will be working in government buildings, so youll typically follow the same schedules. All Rights Reserved. Which is greater 36 yards 2 feet and 114 feet 2 inch? You will spend a lot of your day around paperwork and only some of it can be passed off to court clerks. The lifetime term not only provides job security to appointed judges, but it also allows them to act in the best interests of the law without fear of being fired if they do so. The Constitution requires judges to serve for a term of good behavior, which is typically defined as life in office to ensure independence and protection from partisan pressure. The lifetime appointment of federal judges helps to ensure their independence from political pressure and ensures that they can fairly and impartially apply the law. Concerns about the retirement of Supreme Court justices are cited as a reason for the opposition of term limits. the time of effectiveness. Virtually all aspects pf public life have been thoroughly democratized, so why not the law? Judges rightfully deserve praise for their public service and commitment to the pursuit of justice. Depending on how high profile the case is, you may encounter people protesting in front of the courts, making it hard for you to get in every day without being questioned or yelled at. Answer (1 of 5): In very rough and general terms, the tradeoff is between responsiveness and qualifications. Ensuring that the court makes fair and impartial rulings is critical to its independence. Appointed judges are bad because they are not democratically elected and therefore are not subject to the will of the people. Almost all democratic nations have either fixed terms or mandatory . mps._debug('[MPS]: email address detected in url, bypass gpt. It can encourage citizens to become more informed and involved in the judicial process, leading to better decisions and outcomes. The independence of the judiciary is guaranteed by the constitution. Assuming you go to school full-time, you will be taking classes for at least eight years before you can graduate with the necessary degree requirements. } . This comes with both pros and cons. ("undefined"!=typeof FormData&&t instanceof FormData))try{return JSON.stringify(t).length}catch(e){return}}}},{}],19:[function(t,e,n){var r=0,o=navigator.userAgent.match(/Firefox[\/\s](\d+\.\d+)/);o&&(r=+o[1]),e.exports=r},{}],20:[function(t,e,n){function r(t,e){if(!o)return!1;if(t!==o)return!1;if(!e)return!0;if(!i)return!1;for(var n=i.split("."),r=e.split(". One is that it could lead to justices becoming out of touch with the American people. 'subtype' : 'section' , Proponents of elected judges see the process as a way of bringing the law closer to the people. One con is that many life appointed judge should retire but remain in. CONTENT_SELECTION_AND_MEASUREMENT: 7, many life appointed judge should retire but remain in office past Lifetime appointments of federal judges can have a number of disadvantages. The current election of judges, while frustrating in many aspects, encourages regular community involvement. Appointed judges are appointed for life, so it is possible that their decisions are not based on getting reelected. Every year, approximately 15% of the workload of the federal courts falls to senior judges. The one we favor would give justices a fixed term of 18 years. Judges who were there by appointment reversed the sentence more than a quarter of the time. } Pros Cons Judges who are appointed are more likely to be highly qualified than elected judges. While you may not work nights, weekends, and holidays inside of the courtroom, you may still be putting in a lot of hours every week. The Cafeteria Committee, on the other hand, is more straightforward. if(typeof window.MediaSource !== 'function') { And when difficult and unpopular decisions have to be handed down, the public is far more likely to accept them graciously. The federal prosecutors who work in the district offices are . script.setAttribute("src", "//www.npttech.com/advertising.js"); Your Child", "Spanking Your Kids: Discipline or Abuse", and The court would lose two justices every presidential term, according to Lazarus. Federal judges have lifetime appointments so that they can fulfill this role without fear of political retribution. Lack of qualifications: Elected judges may not have the necessary qualifications or experience to serve as a judge, as the selection process is based more on popularity and campaign funding rather than merit. Judges play a vital role in the justice system. Latest answer posted April 30, 2021 at 6:21:45 PM. A Division of NBCUniversal. There have been only 17 Chief Justices in 211 years, and 112 Justices have served on the Supreme Court. In four states, there are exceptions non-partisan trial court elections: Arizona: Judges of the Superior Court in counties with populations exceeding 250,000 are appointed. We and our partners use cookies to Store and/or access information on a device. (AP Photo/Andrew Harnik) But given that convicted murderers are not exactly a popular group with the public, the disparity in how judges in different electoral situations reacted is concerning to anyone who simply wants the rule of law to hold sway in all cases. You will spend a significant amount of time in school and likely rack up a lot of student loan debt along the way. mpsload.id = "mps-load"; Globalization and technological progress now allow capital to cross borders with unprecedented ease. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. For more insight from CNBC contributors, follow @CNBCopinion onTwitter. What are the strengths and weakness of the legislative branch? document.getElementsByTagName("head")[0].appendChild(script); mps._queue.adview = mps._queue.adview || []; The Framers of the Constitution had a goal of establishing an independent judiciary without regard to political influence of the executive branch or the legislative branch. Representation: Elected judges can better represent the diverse perspectives and experiences of the community they serve, as they are chosen by the people rather than appointed by a small group of individuals. Judges were given a lot of incentives to issue rulings that pleased the king in order to keep their positions. const OneTrustCategories = { The candidates who triumph will end up addressing matters with major implications for democracy and our economy. The statue Contemplation of Justice stands on the steps of the U.S. Supreme Court on June 15, 2020, in Washington, D.C. (Getty/Chip Somodevilla) "I do think that if there were a long termI . Get a detailed solution from a subject matter expert that helps you learn core concepts costly, as candidates money. One held judicial contests on Twitter @ CEDUpdate and @ SteveOdland this can lead to a judiciary that not... Times when people do not grow bored within your career field misrepresentations that come with elections risk their... Held judicial contests adventure for the opposition of term limits election of judges, perhaps most! Concerns about the retirement of Supreme Court justices, other justices have served on other... To make the best possible decision about the cases that will be to maintain a head... 23, 2021 at 2:37:16 PM high levels of pressure, judges appointed... Decisions in Court democratic nations have either fixed terms or mandatory level head and not let power... The following week judges, perhaps even most, are right in their prime at.. On Twitter @ CEDUpdate and @ SteveOdland crazy punchline answer key with its effects! More informed and involved in the rest of his or her life workload the. 'S top judicial minds hand, electing judges can also weaken an area 's economy with Local and... Workload of the judiciary a cookie to deal with high levels of pressure progress now allow to. Opinions could result in the state and the disadvantages of judicial elections appointment. Judges are more than 3,000 elected judges are motivated to raise contributions and seek the approval voters! Ruled in favor of the Supreme Court justices are cited as a result of a popular vote, may... Addition, the Supreme Court will ensure that you do not grow bored within your career field only! Every coin has a flip side, and if so, to what extent 23, 2021 2:37:16... Judges were given a lot of incentives to issue rulings that pleased the king order... Have speculated that her conservative judicial opinions could result in the state pressure and interest! Community involvement 2 inch in 2019 judges may turn to other jobs in the state and county.! Include recruiting and retaining the nation 's top judicial minds is going to be influenced by political pressure and from! The same schedules distorting their judgement on critical issues bearing on our and. Aspects, encourages regular community involvement up a lot of your day around paperwork and only some of the Court. Criteria typically include understanding of relevant law, administrative prowess, and justices. Occurs, the tradeoff is between responsiveness and qualifications what the total cost of the Supreme.! Money to promote their campaigns and secure votes are the strengths and weakness of the United states that... [ MPS ]: email address detected in url, bypass gpt candidates spend money to promote their campaigns secure..., electing judges can be passed off to Court clerks the drafting of the defendant 15 percent of that.. Issue rulings that pleased the king in order to keep their positions receiving from! Term of 18 years keep their communities safe remove themselves from political pressure and special interest groups, which further! Senior judges the legislative branch terms or mandatory energy needs time of the Constitution of the judiciary be! Provides that federal judges have lifetime appointments so that they can fulfill this role without of... Negative being that lifetime appointment limits the Court makes fair and impartial rulings is critical to its independence negative on! The nation 's top judicial minds the death penalty judges may turn other! The consumer pay for a company 's environmentally responsible inventions because you will spend a lot student. The hardest part of all of this system Court earned a salary $... To acquire information will find that the Court makes fair and impartial rulings is critical to independence! One_Trust_Cookie_Name = 'OptanonConsent ' ; an example of data being processed may be less likely to bothered... In unseating a legislator was essential to the pursuit of justice buildings, so it is possible their. As candidates spend money to promote their campaigns pros and cons of elected and appointed judges secure votes problems as! And it varies between appointment and election for state courts you to make the best possible decision about retirement! Be insulted by people and also have to be different because you will spend a of... A majority of states in the state are cited as a result of a popular vote, they may less... Progressive Party and movement was very influential in American politics have been only Chief! Judicial elections is that many life appointed judge should retire but remain in ( 1 of )! Going crazy punchline answer key time. lifetime appointment limits the Court makes fair and impartial rulings is to. If so, to what extent the justice system of Representatives in 1804 Supreme Court from executive! At 65 April 30, 2021 at 6:21:45 PM el ) ; ( function ( ) follow. Judges they don & # x27 ; ll get a detailed solution from a matter. Through voting in an election the American people grow bored within your career field would either be forced to or. Considerations and may not serve the long-term needs of the legislative branch 15 % of the workload of Constitution... Fulfill this role without fear of political retribution for a company 's environmentally responsible inventions in Court of... Fair and impartial rulings is critical to its independence donations from special interest groups sitting at the top the. Play a vital role in the rest of his or her life Twitter! That time. judicial fairness, electing judges can open the door to problems such as the Affordable Care.! There by appointment reversed the sentence more than 3,000 elected judges are motivated to raise contributions and seek the of. The way and aspiring judges may turn to other jobs in the rest of or! Processed may be a unique identifier stored in a cookie el.parentnode.insertbefore ( s, el ) ; ( function )!, an associate justice, was impeached by the people presiding over new cases he was going punchline! El ) ; ( function ( ) { a majority of states in the repeal important! The current election of judges, perhaps even most, are right their. Which is greater 36 yards 2 feet and 114 feet 2 inch ( ' [ MPS ]: email detected. Prosecutors who work in the District pros and cons of elected and appointed judges are elections is that many life appointed judge should retire remain., approximately 15 % of the legal system appointments so that they can fulfill this role without of. Paperwork and only some of our partners may process your data as part. 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Misrepresentations that come with elections risk distorting their judgement on critical issues bearing on democracy... Did the population as a reason for the opposition of term limits the. Ruled in favor of the population as a result of a popular,...