Time to Bring Down the Gavel on Lifetime Tenure for Justices?

LA Times ^ | 10/17/5 | Ronald Brownstein

[jmaroneps37]

Gee jackass why didn't this idea come to you when you thought you controlled the court?

[1L]

If that's his thesis, its stupid, since the only old people on the SC are leftists. Roberts isn't old, and Miers isn't that old.

[michigander]

This idea was debated by the founders and term limits for justices was dismissed.
Besides, it's not a "lifetime tenure", it's "during good Behaviour".

[justshutupandtakeit]

Amendments are designed to provide a means for correcting mistakes or ommissions within the document. They really were not intended to change the whole political philosophy of it.

The Court was not designed to be democratically elected and for good reason.

Making the Court subject to the electorate would remove an important check upon the tyrannical potential of the Majority. It is a very bad idea which fortunately will go nowhere.

[sandydipper]

Yeah - Good idea and how about term limits for the boneheads in congress??

[calex59]

3/4 isn't large enough in my opinion. The constitution should only be changed when it really needs to be changed and it should be as tough as possible to do so, othewise it would be changed constantly at a whim.

The SCOTUS should stand the way it is, except we need to get originalists on the bench not liberal or conservative activists.

[xzins]

I'd prefer 2/3 to 3/4 and an easier document to change, although 2/3 is far from "easy."

I do not believe in lifetime tenure; it is an abomination. No public servant should have that kind of assurance.

It is no different than the divine right of kings.

And the judges truly have become our aristocracy.

[calex59]

The constitution doesn't give them life time tenure, it gives them until they are not on their good behavior, in other words, it is the senates fault for allowing these activists to stay on the court, not the constitution. We need to vote in conservative senators and representatives that will live up to the constitution as it is written, men and women with guts instead of pasta for a backbone.

I do agree with your sentiment that judges on the SCOTUS act like kings in many instances, but I would rather see the congress straightened out before we change the constitution, but that is just me.

[playball0]

When the Constitution was written, no one forsaw that life expectancy would rise so much and that Justices would be able to be active and alert into their eighties.`

[Apogee]

Well, I was going to mention this point, but I see you already have.

[Apogee]

How about an amendment that provides a clear definition of the term "good behaviour"

IMO, continuosly issuing bad judgements, in the face of all legislative and executive attempts to check the court's usurpation of authority, are definitely bad behaviour.
We should be able to make them accountable in a manner that still protects the minority.

[FLCowboy,]

Let's see: 15 year terms for judges, 12 year terms for senators, and 6 year terms for representatives. Throw in a 6 year term for the president, and I think we'll have a perfect world.