FYI to all commenters: the current FCC chair was nominated by Trump>Biden>Trump and unanimously confirmed by the Senate all 3 times.
The founding fathers did not protect the branches from each other nearly enough, and certainly did not give the people an end-run mechanism to bypass and fix it.
Article III is light in describing the courts [1]. Our judicial system is mostly a creature of Congress, not the Constitution.
I’m personally a fan of choosing by lot, from the appellate bench, a random slate of justices for each case. (That court of rotating judges would be the one in which “the judicial Power of the United States, shall be vested”.) You could do this entirely through legislation—nothing in the Constitution requires lifetime appointments to a permanent bench.
[1] https://constitution.congress.gov/constitution/article-3/
President nominates judges; he doesn’t appoint without the Senate.
Moreover, “the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments,” a category that includes “Judges of the Supreme Court” [1]. The Congress may, by statute alone, remove the President’s power to appoint SCOTUS justices.
1. The electoral college, which removes voting power from people who live in populated areas in favor of people who don't.
2. A system of governance that doesn't require coalitions and thus also stimulates a 2 party system.
3. No mechanism for federal legislation to occur through solely the actions of the voters. There should be a way for American voters to check the government through a legislative process that allows items to be put on the national ballots outside of congress and the president.
4. If every branch is meant to check every other branch, each branch should have an enforcement arm, so that if they're ignored, physical action can be taken.
5. citizens united
6. The first amendment protecting disinformation
There's probably more.
As has already been noted by law there can be no more than 3 commissioners from the same party.
Traditionally when a commissioner's term expired and they were from the party that did not control the Presidency the President would ask the other party's Senate leadership who to nominate and would nominate that person.
Also traditionally the Senators of the President's party would vote to approve that nominee.
Biden followed this tradition, as did the Senate Democrats.