C_Clayton_Jones
Diamond Member
Youve obviously put a lot of time, effort, and consideration into this project, its both commendable and appreciated.The Judicial
Term: 18 years (24 years for the Chief Justice)
Requirements: 40 years old, US citizen
Term limit: 1 term
The Supreme Court should be expanded to 15 justices + 2 alternates. Majority vote: 8, abstentions not allowed under any circumstance. For this reason, a 16th and 17th alternate judge would also be elected to decide on a case where a judge would decide to abstain, and they would rule in his stead. This would mean that ALL SC cases would have a vote of 15 voices, without exception. No 15 voices, no ruling, that simple.
Supreme Court Justices, other than the Chief justice, would be allowed to serve a maximum of 18 years, or possibly, 3 presidential terms. The Chief justice would be allowed to serve a maximum of 24 years, or possibly four presidential terms.
Supreme Court judges would be elected, but through a system of lists and then an election. Supreme Court judges would no longer be appointed by the President, nor would they be confirmed by the US Senate.
Someone wanting to be a judge would need to apply. His credentials would then go through a House committee, a Senate committee and then a Presidential committee.
A final list of 60 names would be provided for election day, the voters would select 15 of the 60 names (maximum) and the top 15 vote getters would be elected. Numbers 16 and 17 would be alternate judges. However, the sitting president would get to decide which justice would be the Chief Justice out of those elected to the Supreme Court, and that appointment would be approved by the US Senate. Should a justice leave before the end of his term for any reason, then the next highest vote-getter on the list (that would be nr. 16, for starters) would assume the position.
Judges would be elected in the MIDDLE of a presidential term, in other words, in the election for the House of Representatives. This means that elected Supreme Court justices would likely straddle the terms of two or three presidents.
I would like to note that many nations elect their judges, rather than appointing them.
However
Your reforms concerning the judiciary are comprehensively unacceptable Federal judges and justices of the Supreme Court should never be elected, and their terms should indeed be for life.
To subject Federal judges and justices to elections and term limits would undermine the rule of law and threaten the very foundation of the Republic, and our civil liberties along with it.
If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.
The Avalon Project : Federalist No 78