Question 1 of 20 · Principles of American constitutional democracy
The Declaration of Independence
Adopted by the Second Continental Congress on July 4, 1776.
(1) "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
(2) "The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States."
(3) "He has refused his Assent to Laws, the most wholesome and necessary for the public good." …
(4) "He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries." …
(5) "For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury:" …
Word help: self-evident = obvious, needing no proof; unalienable = cannot be taken away or given up; instituted = set up; usurpations = wrongful seizures of power; tenure = length of time in a job.
Paragraph 4 of the Declaration complains that the king "has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries."
Article III of the Constitution (1787) later stated:
"The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."
Which principle does Article III protect in response to this complaint?
Hint
The complaint has two parts: how long judges keep their jobs and how they are paid. How does Article III fix both?
Step-by-step solution
Where the answer is: The Declaration (paragraph 4) objects that judges depended on the king for "the tenure of their offices" and "the amount and payment of their salaries." Article III says judges hold office "during good Behavior" and their pay "shall not be diminished."
Reasoning:
- A judge who can be fired or have pay cut by the executive may rule the way the executive wants.
- Article III fixes both problems: judges keep their jobs as long as they behave well (in practice, for life), and their pay cannot be reduced.
- That makes judges independent of the other branches, part of the separation of powers.
- Choice A is about the states, not judges. Choice C (popular election) is not what Article III says; federal judges are appointed. Choice D concerns voting, which Article III does not mention.
Answer: An independent judiciary, protected by the separation of powers
Tip: Many Constitution clauses answer specific grievances in the Declaration. When paired, ask: "What problem did the colonists name, and how does this clause prevent it?"