Supreme Court Reform
February 18, 2019 at 4:54 p.m.
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As part of my series of letters on enacting term limit reform for all three branches of the federal government, I would like to focus on the Supreme Court and changing the lifetime tenure in office mandate.
Based on the sources of information listed further below in this letter, I have come up with following changes by amendment to Article Ill, Section 1, of the U.S. Constitution, which are increasing the overall justices to an even number with 12 being the most and defining the conditions of removal from office.
The conditions of removal would of course be retirement or resignation from office and overall age cap of 85, a term in office defined as being no more than 25 years in office, impeachment and conviction by Congress or the states for misconduct, medical incapacitation, along with undue absence. (Proposed amendment text is in bold).
Article Ill, Section 1, of the U.S Constitution: The judicial power of the United States, shall be vested in one supreme Court consisting of an even number of twelve justices at the most, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior until removal by retirement, resignation, reaching the year of their 85th birthday, expiration of their terms as defined by statute so long as that term is no more than 25 years for the particular office they are appointed to, impeachment and conviction by Congress or a majority of the state legislatures for gross misconduct, permanent medical incapacitation by injury or illness, lengthy or undue absence from their duties, and shall at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Below are some sources of information for further reading:
1. "Supreme Court Justice Antonin Scalia dies at age 79" – www.washingtonpost.com/politics/supreme-court-justice-antonin-scaliadies-at-79/2016/02/13/effe8184-a62f-11e3-a5fa-55f0c77bf39c story.html?noredirect=on&utm term=.e626f4101836
2. "Chief Justice William Rehnquist dies at age 80" – www.pbs.org/newshour/nation/remember-july-dec05-rehnquist_09-04-05
3. "Anticipating the Incapacitated Justice" – www.huffingtonpost.com/jacob-m-appel/anticipating-the-incapaci_b_266179.html
4. "Term Limits for the Supreme Court: Lifetime Tenure Reconsidered" – epstein.wustl.edu/research/courses.judpol.Calabresi.pdf
5. "What Happens If Ruth Bader Ginsburg Remains Too Sick to Work" – www.politico.com/magazine/story/2019/01/16/ruth-bader-ginsburg-supreme-court-health-224014
6. “Most States Require Justices to Step Down after Age 70" – www.ncsc.org/Newsroom/Backgrounder/2010/Mandatory Retirement.aspx
7. “And Then There Were Eight" – www.thecrimson.com/article/2006/2/5/and-then-there-were-eight-the/
8. American Constitutional Law Ninth Edition: Volume 1 – Constitutional Structures Separated Powers and Federalism
For those readers of the Times-Union who are interested, please contact your U.S. representative and U.S. senator and urge adoption of this proposed amendment.
Alexander Houze
Leesburg
As part of my series of letters on enacting term limit reform for all three branches of the federal government, I would like to focus on the Supreme Court and changing the lifetime tenure in office mandate.
Based on the sources of information listed further below in this letter, I have come up with following changes by amendment to Article Ill, Section 1, of the U.S. Constitution, which are increasing the overall justices to an even number with 12 being the most and defining the conditions of removal from office.
The conditions of removal would of course be retirement or resignation from office and overall age cap of 85, a term in office defined as being no more than 25 years in office, impeachment and conviction by Congress or the states for misconduct, medical incapacitation, along with undue absence. (Proposed amendment text is in bold).
Article Ill, Section 1, of the U.S Constitution: The judicial power of the United States, shall be vested in one supreme Court consisting of an even number of twelve justices at the most, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior until removal by retirement, resignation, reaching the year of their 85th birthday, expiration of their terms as defined by statute so long as that term is no more than 25 years for the particular office they are appointed to, impeachment and conviction by Congress or a majority of the state legislatures for gross misconduct, permanent medical incapacitation by injury or illness, lengthy or undue absence from their duties, and shall at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Below are some sources of information for further reading:
1. "Supreme Court Justice Antonin Scalia dies at age 79" – www.washingtonpost.com/politics/supreme-court-justice-antonin-scaliadies-at-79/2016/02/13/effe8184-a62f-11e3-a5fa-55f0c77bf39c story.html?noredirect=on&utm term=.e626f4101836
2. "Chief Justice William Rehnquist dies at age 80" – www.pbs.org/newshour/nation/remember-july-dec05-rehnquist_09-04-05
3. "Anticipating the Incapacitated Justice" – www.huffingtonpost.com/jacob-m-appel/anticipating-the-incapaci_b_266179.html
4. "Term Limits for the Supreme Court: Lifetime Tenure Reconsidered" – epstein.wustl.edu/research/courses.judpol.Calabresi.pdf
5. "What Happens If Ruth Bader Ginsburg Remains Too Sick to Work" – www.politico.com/magazine/story/2019/01/16/ruth-bader-ginsburg-supreme-court-health-224014
6. “Most States Require Justices to Step Down after Age 70" – www.ncsc.org/Newsroom/Backgrounder/2010/Mandatory Retirement.aspx
7. “And Then There Were Eight" – www.thecrimson.com/article/2006/2/5/and-then-there-were-eight-the/
8. American Constitutional Law Ninth Edition: Volume 1 – Constitutional Structures Separated Powers and Federalism
For those readers of the Times-Union who are interested, please contact your U.S. representative and U.S. senator and urge adoption of this proposed amendment.
Alexander Houze
Leesburg
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