I'm pretty much a constitutionalist. But I do think that the modern day lifespan has completely distorted the lifetime term of a Supreme Court Justice.
From wikipedia: Average human lifespan...for the end of the 18th Century was 37. Perhaps the US as a region was slightly higher but not much. It was only 49 by 1901 in the USA.
Also the lifetime term triggers in the selection process an unhealthy focus on youthful candidates in order to get someone on the Court for 50 damn years. A stealth liberal like Souter might have already revealed his true colors to the world if nominated ten years later.
I say these incredibly long terms are un-American. The whole point of the constitution is for the public to maintain control over the government. And public service was never imagined as a lifetime career a la Sen. Byrd until the 20th century.
Plus we obviously will be looking at all sorts of geriatric issues in the near future as relates to the SCOTUS. With modern day life support technology it's sure to get "complicated".
Why not a single 15 year term? That would also take some pressure off of these hearings. Really the lifeterm means a ridiculous amount of power to placed in the hands of the few. And the lifeterms are only increasing in longevity and therefore power.
Anyway Scalia would've been fantastic...but it is a healthy form of check & balance for the Executive to appoint a new Chief Justice from outside the Court. Don't let it become to tight a club. Send someone in there to remind them they must consider the views of the outside world. I think this is why it has been done many times throughout history.
LOL.
I'm skeptical about those Widepedia life spans. It wouldn't surprise me if they included things like infant mortality, childhood disease deaths, and mothers in childbirth deaths in that average of 49. I'll have to Google to verify, though.
Remembering that the Constitution doesn't allow for the office of president to be held before age 35, think I'm remembering right.
>>>> Anyway Scalia would've been fantastic...
Agreed.