Constitution Daily: Constitution Check: Lyle Denniston: Did The Founders Want Term Limits For Supreme Court Justices?
This post was originally posted at The New Democrat on WordPress
Damn! I found something that I agree with Mike Huckabee on. And perhaps tomorrow I’ll find something that I agree with Michael Moore on, but don’t hold your breath. I’ve been thinking about this for a while, but a U.S. Justice in many ways is just as powerful as a U.S. Senator on a lot of things. U.S. Justice’s whether they are supposed to or not, can literally rewrite laws and say this is constitutional and that is not. They did that with the Affordable Care Act in 2012, to use as an example. They can also throw laws out and say this is good and this is bad. And not just to Congress and the President, but state and local laws as well.
U.S. Justice’s have a lot of power and responsibility and yet they’re the only federal officials that have guaranteed job security for the rest of their lives. Just as long as they don’t officially break the law and get impeached and convicted by Congress. And yet they have no one to report to that holds them accountable. They have all of that power and no one to say, you’re doing a good or bad job and they should continue to work, or its time for them to step down and put a fresh face on the court. Here’s an old saying, but it is as true today as it was when it was said the first time. Power corrupts and absolute power corrupts absolutely.
Why should U.S. Justices’s get lifetime job security? Why should they have something that no one else in the country has, unless you live in a state where state and local judges are lifetime appointees as well? I’m not calling for turning the U.S. Supreme Court into a political branch and having Justice’s running for election and reelection. I think that would be very dangerous and turning the court into another political body and perhaps debating society. Where a lot of very important issues wouldn’t get decided, because Justices’s don’t want to make tough political calls one way or another. And besides we already see that anyway where Justice’s tend to make calls that are already supported by their political party.
I’m also not saying that U.S. Justices’s should only be able to serve a certain amount of years and terms. Because again if They are qualified to serve and the President still wants them there, the President should be allowed to reappoint that Justice. And I just lead into what I would do. Give each Justice lets say six-year terms. And then the President would have to decide to reappoint that Justice or replace that person with someone else. And the same thing for the Chief Justice of the Supreme Court. Make Justices like everyone else, work hard and be productive and even fight for their jobs. To get them to give the best service and judgment that they possibly can.