Constitutional Amendment of Judicial Terms
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Author Topic: Constitutional Amendment of Judicial Terms  (Read 2345 times)
Filuwaúrdjan
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« on: December 17, 2005, 09:57:04 AM »

As introduced by Senator Jake...

Constitutional Amendment of Judicial Terms

1. Clause 2 of Section One, Article III shall read:

The Supreme Court shall consist of three Justices who shall all be registered voters, one of whom shall be the Chief Justice. Justices shall hold their office for a maximum term of twelve months, excepting currently serving justices.

I hereby open debate on this proposed Amendment
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Peter
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« Reply #1 on: December 17, 2005, 10:45:10 AM »

Given the obvious conflict of interest in interpretting this sort of language, I would like it as explicit as possible.

Are Justices allowed to be re-nominated after having been term-limited? This needs to be explicitly spelt out.
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MAS117
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« Reply #2 on: December 17, 2005, 12:44:00 PM »

I echo the question from my good friend the Chief Justice. I am not sure whether I support this given the lack of always good candidates out there every so often. I don't think that Judicial terms have really been a problem in Atlasia.
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Jake
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« Reply #3 on: December 17, 2005, 01:48:29 PM »

Place the following at the end.

Justices are eligible to be re-nominated after a period of six months from the end of their term.
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MasterJedi
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« Reply #4 on: December 17, 2005, 02:23:19 PM »

I don't support this, term limits are bad. What I was thinking instead though would to be a review to see if the justices are actually active after a certain amount of time instead.
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Emsworth
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« Reply #5 on: December 17, 2005, 02:38:57 PM »

I don't support this, term limits are bad. What I was thinking instead though would to be a review to see if the justices are actually active after a certain amount of time instead.
If the Senate is going to review whether the judge is actually active, I would not really object. However, I am worried that some people might start reviewing the decisions themselves, rather than activity.

Instead of a subjective review of activity levels, the Senate could enact an objective standard (post once every X days, etc.) for all federal officers.
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MasterJedi
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« Reply #6 on: December 17, 2005, 02:41:45 PM »

I don't support this, term limits are bad. What I was thinking instead though would to be a review to see if the justices are actually active after a certain amount of time instead.
If the Senate is going to review whether the judge is actually active, I would not really object. However, I am worried that some people might start reviewing the decisions themselves, rather than activity.

Instead of a subjective review of activity levels, the Senate could enact an objective standard (post once every X days, etc.) for all federal officers.

That could also work though there would have to be exemptions for abscenses.
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Ebowed
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« Reply #7 on: December 17, 2005, 04:36:36 PM »

I am strongly opposed to term limits and therefore cannot support this.  Sorry, Jake.
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Jake
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« Reply #8 on: December 17, 2005, 04:46:47 PM »

I am strongly opposed to term limits and therefore cannot support this.  Sorry, Jake.

I'm opposed to term limits also. But only on officials that are elected and where the people can term limit their representative by voting them out of office. The people do not have that power over the courts, only the Senate does by using the extraordinary power of impeachment. Besides, the Court needs some new blood once and awhile and this hardly restricts the choices of a President, unless you believe that only a select few are qualified to serve on the Court.
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Ebowed
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« Reply #9 on: December 17, 2005, 04:53:57 PM »

I do believe that the pool of potential justices is much smaller than for other offices.

Had this amendment been in place at the time of KEmperor's nomination, he would have had to leave the Court months before he did.  I didn't think we had such a bad thing going under KEmperor, so there was no reason to kick him out until he wanted to leave- i.e. when he resigned.
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CheeseWhiz
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« Reply #10 on: December 17, 2005, 06:02:57 PM »

How about, when the President appoints him, he's appointing him for a term of six months.  Then, when that term comes to an end, whoevers president then can either appoint him again, or appoint someone else.

Just an idea.
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The Dowager Mod
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« Reply #11 on: December 17, 2005, 06:03:09 PM »

I can not support this bill.
The judiciary should not have to worry about what the effects of rendering a decision might be on whether they get renominated.
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CheeseWhiz
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« Reply #12 on: December 17, 2005, 06:03:44 PM »

I can not support this bill.
The judiciary should not have to worry about what the effects of rendering a decision might be on whether they get renominated.

You're right, didn't think about that Undecided
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Joe Republic
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« Reply #13 on: December 17, 2005, 06:39:21 PM »

At the moment, I intend to veto this bill.  Let's be frank here: Atlasia doesn't actually have many legal experts.  Term limits will ensure that our supply of experts is eventually exhausted, leaving us with a Court full of barrel scrapings.  With the current system, if there is a Justice who clearly no longer deserves to serve there, then we still have an impeachment procedure for that very purpose.
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Peter
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« Reply #14 on: December 17, 2005, 06:44:50 PM »

At the moment, I intend to veto this bill.  Let's be frank here: Atlasia doesn't actually have many legal experts.

You prove your point so well.
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MAS117
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« Reply #15 on: December 17, 2005, 07:39:57 PM »

I intend to vote Nay on this bill as well.
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Gabu
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« Reply #16 on: December 17, 2005, 07:57:29 PM »

I don't support this, term limits are bad. What I was thinking instead though would to be a review to see if the justices are actually active after a certain amount of time instead.

What do you mean, what you were thinking?  I told you that idea over AIM. Tongue

Anyway, no, I don't support term limits.  I think Joe's point is one of the best against this idea that I've heard so far.
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Platypus
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« Reply #17 on: December 18, 2005, 01:37:07 AM »
« Edited: December 18, 2005, 05:41:19 AM by hughento »

How about something like: Justices shall be appointed for terms lasting up to 12 months, after which time they must be re-confirmed by the Senate to continue serving in the Supreme Court. ?
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Jake
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« Reply #18 on: December 18, 2005, 02:30:58 AM »

Joe and MAS:

This is an amendment.
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MasterJedi
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« Reply #19 on: December 18, 2005, 08:23:43 AM »

I don't support this, term limits are bad. What I was thinking instead though would to be a review to see if the justices are actually active after a certain amount of time instead.

What do you mean, what you were thinking?  I told you that idea over AIM. Tongue

Yes I know, but then I was thinking about it as well. Tongue
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Bono
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« Reply #20 on: December 18, 2005, 10:48:19 AM »

At the moment, I intend to veto this bill.  Let's be frank here: Atlasia doesn't actually have many legal experts.

You prove your point so well.

HAHA classic.
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Joe Republic
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« Reply #21 on: December 18, 2005, 01:00:53 PM »

Ugh, okay, I just got Peter's joke.  In which case, I implore the Senate not to pass this amendment.  By the looks of things, it is unlikely anyway.
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Filuwaúrdjan
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« Reply #22 on: December 19, 2005, 09:46:09 AM »

I call a vote on this Constitutional Amendment
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MasterJedi
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« Reply #23 on: December 19, 2005, 09:48:32 AM »

Nay
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Platypus
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« Reply #24 on: December 19, 2005, 09:50:23 AM »

Nay, glad to see my proposal was well-considered by my fellow senators Tongue
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