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Another archaic law that made sense in 1800 but doesn’t fit America in the 21 century. It seems that more and more laws from the past don’t work for modern society and need reevaluation.
Another archaic law that made sense in 1800 but doesn’t fit America in the 21 century. It seems that more and more laws from the past don’t work for modern society and need reevaluation.
Well, the "archaic law" is actually the U.S. Constitution, and I can't see this polarized country being able to get behind any kind of constitutional amendment given the approval requirements.
I have mixed views on lifetime appointments as a policy. I understand the reason for it, namely to try to insulate the justices (and judges, as it also applies to lower federal courts) from political pressure that may be stronger if they have to worry about their jobs. Not that there isn;t pressure anyway, but the idea is that they shouldn't have to worry that their jobs depend on whethrer their decisions are viewed as the right outcome by the administration. I'd rather we find a way to try to strip some of the politics out of the appointment process. Not sure how to do it, but it seems like qualifications as a jurist have taken a back seat to percieved political views of the nominees.
While the Constitution must be amended, something unlikely to happen, one Constitutional scholar pointed out that a law may be passed limiting time spent on the Supreme Court to a term of years, say 20 years, at which point the Justice would then be transferred to a lower federal court. The Justice can, of course, resign, if he or she does not desire such a demotion.
I haven't decided if this is a valid solution, but it would bear investigation. Said scholar also said that it probably could not apply to current seated Justices, but could to future ones.
My personal opinion is that Supreme Court justices should hold their seats until they retire at age 75, or voluntarily step down before then, or when they are completely incapacitated to the point that they are incapable of communicating in an intelligent and rational manner. I also would include that they would be dismissed if they are caught taking bribes or commit any felonies, but I am not aware that this has ever been a concern in the past.
P.S. I hesitated before writing "age 75", as I generally think 65 is the optimum time for politicians or political appointees to retire, but as federal judges are supposedly beyond benefitting from their positions by granting favors, I think that they should keep their positions as long as they are mentally sharp and want to keep them.
Well, the "archaic law" is actually the U.S. Constitution, and I can't see this polarized country being able to get behind any kind of constitutional amendment given the approval requirements.
I have mixed views on lifetime appointments as a policy. I understand the reason for it, namely to try to insulate the justices (and judges, as it also applies to lower federal courts) from political pressure that may be stronger if they have to worry about their jobs. Not that there isn;t pressure anyway, but the idea is that they shouldn't have to worry that their jobs depend on whethrer their decisions are viewed as the right outcome by the administration. I'd rather we find a way to try to strip some of the politics out of the appointment process. Not sure how to do it, but it seems like qualifications as a jurist have taken a back seat to percieved political views of the nominees.
What was the average life expectancy when the constitution was written, lol?
Then most Americans are stupid.... which is why it's a good thing the Constitution is so difficult to amend.
The Constitution is there to protect the people not only from the authoritarians they are stupid enough to elect, but from themselves in general.
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