Should Supreme Court justices have their terms limited?
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  Political Debate (Moderator: Torie)
  Should Supreme Court justices have their terms limited?
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Author Topic: Should Supreme Court justices have their terms limited?  (Read 1950 times)
Bo
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« on: May 08, 2010, 09:33:33 PM »

Also, if yes, how many years maximum should each justice be allowed to serve.

I'd say Yes, and each SC Justice should be able to serve a maximum of 15 years.
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Free Palestine
FallenMorgan
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« Reply #1 on: May 08, 2010, 09:59:46 PM »
« Edited: May 08, 2010, 10:02:55 PM by Governor Morgan Brykein »

No, but the Supreme Court's power needs to be limited.  A lot of the centralization of power over the history of the United States has been allowed to happen because of the Court's power to stealth-amend the Constitution through judicial review.  For an example of how this power is abused, look at the Dred Scott decision, or the retardedly wide definition of "Interstate Commerce" that came to be following the New Deal.
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benconstine
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« Reply #2 on: May 08, 2010, 10:14:15 PM »

Absolutely not.
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Psychic Octopus
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« Reply #3 on: May 08, 2010, 10:36:18 PM »

Imagine if their terms were all limited at the same time - and the President still had the power to appoint them.
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Bo
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« Reply #4 on: May 09, 2010, 12:21:11 AM »

Imagine if their terms were all limited at the same time - and the President still had the power to appoint them.

That should be avoided. Also, if their terms were limited, Justices could still retire (or die) before their terms are up. Keep in mind that the Founding Fathers did not intend for most Justices to stay on the Court for 25-40 years. Due to the lack of modern medicine in the 18th century, the Founding Fathers excepted most Justices to die way before they served that long. However, due to modern medicine, many SC Justices can stay on the Court much longer than the Founding Fathers envisioned they would. I believe Canada and some other countries have limits on how many years (and/or until what age) a Supreme Court Justice is allowed to serve.
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Franzl
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« Reply #5 on: May 09, 2010, 08:02:41 AM »

No, lifetime appointments ensure total independence....which can be abused, but it's still a very good thing
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Grumpier Than Uncle Joe
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« Reply #6 on: May 09, 2010, 09:09:02 AM »

I'd prefer a mandatory retirement age.......some old fart pushing 90 shouldn't be allowed on the court.
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Torie
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« Reply #7 on: May 09, 2010, 02:04:20 PM »

No, not really, although a mandatory retirement age of 80 might be OK.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #8 on: May 09, 2010, 06:39:01 PM »

If a term limit were in place, it should be lengthy, and a justice should never be able to be reappointed to the Supreme Court.
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HoffmanJohn
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« Reply #9 on: May 09, 2010, 06:42:53 PM »

they already are limited through the concept of death. The only foreseeable problem with this though is the obvious potential future where everything is like ghost in the shell, and supreme court justices could rely on cyber brains to live for almost 200 years.
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Antonio the Sixth
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« Reply #10 on: May 10, 2010, 09:17:38 AM »

If a term limit were in place, it should be lengthy, and a justice should never be able to be reappointed to the Supreme Court.

This exactly. Make terms lasting 10, 15 years, but without the possibility of being reappointed.
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Swedish Rainbow Capitalist Cheese
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« Reply #11 on: May 10, 2010, 09:54:11 AM »

No, lifetime appointments ensure total independence....which can be abused, but it's still a very good thing

^ This ^

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HoffmanJohn
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« Reply #12 on: May 10, 2010, 10:03:37 AM »

The advent of cybernetic neural implants could potentially mean that they could be on the bench for eternity.
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Joe Republic
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« Reply #13 on: May 10, 2010, 10:10:43 AM »

I'd impose a single term limit of 18 years.  The terms would be staggered in such a way that each seat becomes vacant every two years.
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minionofmidas
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« Reply #14 on: May 10, 2010, 10:23:51 AM »

No, not really, although a mandatory retirement age of 80 might be OK.
I'd suggest 75 or 20 years of service, whichever is sooner. Or thereabouts, anyways.
I'd impose a single term limit of 18 years.  The terms would be staggered in such a way that each seat becomes vacant every two years.
There'd still be additional unplanned vacancies, of course.
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Joe Republic
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« Reply #15 on: May 10, 2010, 10:30:23 AM »

I'd impose a single term limit of 18 years.  The terms would be staggered in such a way that each seat becomes vacant every two years.

There'd still be additional unplanned vacancies, of course.

... with special nominations and confirmations to fill them accordingly.
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RIP Robert H Bork
officepark
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« Reply #16 on: May 10, 2010, 10:46:48 AM »

No, lifetime appointments ensure total independence....which can be abused, but it's still a very good thing

This. Not to mention that term limits could allow one president to appoint too many justices.
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BRTD
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« Reply #17 on: May 10, 2010, 11:25:45 AM »

Yes. Each should have an 18-year term, with one expiring every 2 years.

EDIT: Looks like Joe beat me to it.
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True Federalist (진정한 연방 주의자)
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« Reply #18 on: May 10, 2010, 12:38:53 PM »

Why are people acting as if 9 justices is some sort of divinely mandated number in coming up with term length proposals?  It's not even Constitutionally mandated.
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Joe Republic
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« Reply #19 on: May 10, 2010, 12:44:09 PM »

Why are people acting as if 9 justices is some sort of divinely mandated number in coming up with term length proposals?  It's not even Constitutionally mandated.

I know, but 9 is fine by me.  An odd number of justices is preferable for obvious reasons, and 9 is neither too many nor too few.
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minionofmidas
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« Reply #20 on: May 10, 2010, 01:05:53 PM »

Why are people acting as if 9 justices is some sort of divinely mandated number in coming up with term length proposals?  It's not even Constitutionally mandated.

I know, but 9 is fine by me.  An odd number of justices is preferable for obvious reasons, and 9 is neither too many nor too few.
Actually... an odd number of justices is a pretty dumb idea for obvious reasons. Unless you're looking purely for partisan gain.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #21 on: May 10, 2010, 01:33:14 PM »

Why are people acting as if 9 justices is some sort of divinely mandated number in coming up with term length proposals?  It's not even Constitutionally mandated.

I know, but 9 is fine by me.  An odd number of justices is preferable for obvious reasons, and 9 is neither too many nor too few.

I'd prefer increasing the size to at least 12, so that there is 1 Supreme Court Judge per Circuit.

(I'd also prefer realigning the circuits and increasing their number to 13, with a minimal realignment of putting California into a new 12th Circuit and renaming the D.C. Circuit as the Territorial Circuit and transferring Puerto Rico there from the 1st, the Virgin Islands from the 3rd, Guam and the NMI from the 9th, and America Samoa which currently has no circuit. I'd also transferring the D.C. Circuit's jurisdiction in cases that don't really involve D..C., but a government agency based there to the Federal Circuit .)
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Хahar 🤔
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« Reply #22 on: May 10, 2010, 07:51:19 PM »

Why are people acting as if 9 justices is some sort of divinely mandated number in coming up with term length proposals?  It's not even Constitutionally mandated.

I know, but 9 is fine by me.  An odd number of justices is preferable for obvious reasons, and 9 is neither too many nor too few.
Actually... an odd number of justices is a pretty dumb idea for obvious reasons. Unless you're looking purely for partisan gain.

What reasons?
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