Quote Originally Posted by ziero0 View Post
uh huh. So an independent judiciary is composed of judges picked by the executive branch and approved by the legislative branch?

I don't think so.

You might want to refer to AmJur 2d for administrative law. It is described as the 4th branch of government. Hard to imagine a 4th branch of government when there are only 3 branches under the constitution.

So then look at Bill of Attainder. It is prohibited because it represents the legislative branch telling the judicial branch what the punishments are for various crimes. A bill of pains and punishments is a less lethal version of a bill of attainder. What is objectionable about these is they shortcut the separation of powers between branches.

Any structure that crosses branch lines is a bill of attainder. And that includes administrative agencies.
I don’t see any specific provision in the Constitution for the selection of the judges for the inferior courts, so the inferior Court Judges appointments must fall in the category “whose Appointments are not herein provided for”.

It appears to me that a constitutional amendment would be necessary for any other method of [s]electing or appointing of the federal judges, in order to remove the power from the President with advice and consent of the Senate.

Some choices could be either the Judicial branch appointing their own (not a good thing), popular vote or some special commission convened to appoint judges.

Article II §2 Clause 2:
He shall have Power, [by] and with the Advice and Consent of the Senate, shall appoint Ambassadors, and other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provide for, and which shall be established by Law;