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Reminds me of when the Republicans wanted to change the electoral college system after losing to Obama twice. They were running scared back then. Good thing they stuck to their "constitutional roots" once Trump won and now is all forgotten...
Yeah, because state reps from three states is totally equivalent to most of the MSM, a much larger number of democrat reps and senators, much of the liberal base, as well as the challenger backing the same thing when Trump won.
Dear liberal, it is impossible to be a textualist / originalist and an "activist." Those are opposite and contradictory.
Conservative is not the same thing as textualist or originalist (which are themselves two separate concepts).
Textualist=plain meaning of the words on their face
Originalist=what did they mean when they wrote that
Activist court= legal realism of which you can be liberal or conservative.
Rehnquist, Roberts. O’Connor all legal realists like Ginsburg and Breyer.
Legal realism is founded on the idea that all judges, even Scalia, are trying to get to certain ends and are masking it through how they write their opinions. Therefore, the realist explains why they are doing what they are doing. It makes better and more predictable precedent because litigants and lower courts have a solid basis for what SCOTUS is actually giving its opinion on instead of pretending its doing something it isn’t.
Legal realism was a product of FDR and it is slowly dying.
Just amend the Constitution, and voila, that storied institution is gone. The more I think about it, the better it sounds. Who needs a branch of government filled with unelected elders who cannot be held accountable to the desires of the American people? Eliminating the S.C. sure would solve a lot of problems, imo.
I hope you're a Democrat and Dems actually say this out loud because it so far out there - even more than the Abolish ICE lunacy - that it will drive all the mainstream and non-partisans to the right.
Not happening. Although any of the founders with half a brain should have seen that lifetime appointments to the Supreme Court would be the biggest weakness of our "democracy". Should have been 10 years max.
As far as undoing a century's worth of progress? That's going to happen whether the court is 5-4 or 7-2. Depends on who you ask whether they think that Brown, or Roe were progress. There are plenty of red states that will love going back to the Jim Crow era to become "great again".
The best analogue for America after Trump will be a apartheid era South Africa style nation, but with unlimited military might and unlimited technology to enforce the ultimate police state.
What are you talking about? Lifetime appointments was genius. Without lifetime appointments to the high court, the judges are either thinking about their career after the Supreme Court and giving favors, or fearful of what happens to them at the end of their appointment. The current set up is the only way to keep it free from corruption.
Abolish the electoral college,
Abolish ICE,
Abolish borders,
Abolish the need for photo ID to vote,
Abolish speech they don't like (political correct speech and IRS),
Harass Trump supporters because they don't like Trump,
Abolish the Constitution,
Abolish the Supreme Court (op)
Don’t forget the New York chapter of the DSA also wants to abolish profits and abolish prisons.
Have you read Article III, Section 1 of the Constitution?
While it is rare, they can be impeached.
I am aware of that, but can easily envision the process becoming far more politicized than it should be, as divided as we have become along party lines.
It's my understanding that the founders didn't really want a two-party system, and I often wonder what, if anything, they might have done differently if they'd had the ability to see into the future.
Have you read Article III, Section 1 of the Constitution?
Quote:
The judicial Power of the United States, shall be vested in one supreme Court, 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 Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
While it is rare, they can be impeached.
I remember the John Birch Society and the wacko fringe going nuts over their campaign to "Impeach Earl Warren".
Earl Warren BTW, was the Supreme Court Chief Justice at the time of the Brown vs Board of Education case. He was a generally liberal Republican (at a time when that was still possible) and the conservatives hated him.
Supreme court should never have been a lifetime appointment, it's just a stupid feature of the system. Should have been 10 years and out. Same would hold true if the court was packed Left. The justices should reflect the views of a half generation, not a half century.
I could maybe go with 20 years. The point of lifetime was to avoid the kneejerk reactionist volatility of party political power. We've had a lot of two-term Presidents and that would allow one President to almost hand-select the entire court under a 10-year limit.
And while judges are supposed to be non-partisan they are also human and an outgoing judge would want his replacement to be like-minded so you might end up with political antics such as all 5 or 6 conservative judges resigning in Trump's 7th year so that he can pick replacements to ensure the court remains stacked for at least another ten years. It's really sad when a justice's retirement is so political. The same people calling for Ginsberg to retire several years ago so Obama could replace her now insist she stay on the court dead or alive as long as Trump is there.
I just wonder what the age of the OP is and if they still teach Civics in school?
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