 Furthermore , in the English tradition , judges were seen as being agents of the King and his court , who represented him throughout his realm . Madison believed that in the American states , this direct link between state executives and judges was a source of corruption through patronage , and thought the link had to be severed between the two , thus creating the " third branch " of the judiciary which had been without any direct precedent before this point . Madison , however , did not believe that the judiciary should be truly independent , but rather beholden to the legislature rather than the executive . At the Convention , some sided with Madison that the legislature should choose judges , while others believed the president should choose judges . A compromise was eventually reached that the president should choose judges and the Senate confirm them . 
