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Another Example of why SCOTUS Needs TERM LIMITS

Bodi

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

Who thinks otherwise?
 

Luce

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They have a term limit.

"While in good behavior."

Which is to say, until they retire, get impeached, or die.
 

Phys251

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

Who thinks otherwise?

Lifetime appointments of SCOTUS justices is a constitutional design flaw.
 

Luce

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Lifetime appointments of SCOTUS justices is a constitutional design flaw.

All it takes to fix it is an amendment.

I would say that they should have terms, but the terms should be long. 10 years, maybe.
 

Phys251

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All it takes to fix it is an amendment.

I would say that they should have terms, but the terms should be long. 10 years, maybe.

All it takes to fix is the Republicans getting on board. EZ PZ.
 

Luce

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All it takes to fix is the Republicans getting on board. EZ PZ.

If you asked 5 years ago, they'd LOVE to do just that.

Now? No.
 

Cameron

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

Who thinks otherwise?
I do. SCOTUS is unrepresentative because the electoral college and the Senate are unrepresentative. Imposing term limits will do nothing to change that, and in fact may well make it worse.
 

Gateman_Wen

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

Who thinks otherwise?
I agree completely.
 

Bodi

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They have a term limit.

"While in good behavior."

Which is to say, until they retire, get impeached, or die.
Equal year terms that are set
 

VanceMack

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Can you cite the legal argument you disagree with?
 

Fletch

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

Who thinks otherwise?
How would that change anything? And why should there be term limits on the SC when there arent any in the House or Senate?
 

Bodi

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How would that change anything? And why should there be term limits on the SC when there arent any in the House or Senate?
There should be Term Limits for them as well... but that is a different argument. SCOTUS can have Term Limits and not Congress and it is fine.

It would just mean that a Court can not be stacked for decades... more turnover, overlapping Terms, variety instead of stagnet. Etc.
 

Athanasius68

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

Who thinks otherwise?

But "the other side" is the side that goes against the Constitution.
Why is that preferable?

And why do progressives always toss a temper tantrum when things don't way?
 

Captain Adverse

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

In point of fact there is nothing in the Constitution that actually says the appointment of a Justice is "lifetime." The Federal Judiciary is described under Article 3 of the Constitution. All it says is:

"The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour." The presumption it is a life appointment comes from the fact that there was no stated term limit in Article 3, unlike Articles I and 2 which give terms of 4 years for a President between elections, 6 years for Senators, and 2 years for Congressmen between elections.

Subsequently the only change has been to limit the President to no more than 2 terms of 4 years each under the 22 Amendment passed in 1947.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

This concern presupposes that such appointments have always been political in nature, i.e. designed to push a specific political agenda.

But that was not the concern at the time the Constitution was promulgated. That developed over time as political parties became further and further apart ideologically, and then concerns about how appointments made based solely on "political views" became factually apparent.

That would be exemplified by "Democrat" appointees to SCOTUS who were Southern "slave state" proponents that remained on the Court after the Civil War. They were responsible for decisions like Plessy v. Ferguson, 163 U.S. 537, (1896).

Later, issues of "Court Stacking" were threatened by politicians, most notoriously President Franklin Roosevelt who wanted to appoint more Justices so that his political agenda would not be "overruled" by the Court.

This problem of Court stacking still remains, and is still typically pushed by Democrats for political reasons.

Who thinks otherwise?

I do for many reasons. Not the least of which is that the SCOTUS should NOT be considered another "political football" where one political Party of another seeks to appoint persons solely because of partisan reasons.

However, I will leave it to others to flesh out the arguments for supporting lifetime appointments. There are many pro and con.
 
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American

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Lifetime appointments of SCOTUS justices is a constitutional design flaw.
I'm overjoyed to know that you'll be there to guide the rewrite of the entire Constitution. :p
 

American

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In point of fact there is nothing in the Constitution that actually says the appointment of a Justice is "lifetime." The Federal Judiciary is described under Article 3 of the Constitution. All it says is:

"The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour." The presumption it is a life appointment comes from the fact that there was no stated term limit in Article 3, unlike Articles I and 2 which give terms of 4 years for a President between elections, 6 years for Senators, and 2 years for Congressmen between elections.

Subsequently the only change has been to limit the President to no more than 2 terms of 4 years each under the 22 Amendment passed in 1947.



This concern presupposes that such appointments have always been political in nature, i.e. designed to push a specific political agenda.

But that was not the concern at the time the Constitution was promulgated. That developed over time as political parties became further and further apart ideologically, and then concerns about how appointments made based solely on "political views" became factually apparent.

That would be exemplified by "Democrat" appointees to SCOTUS who were Southern "slave state" proponents that remained on the Court after the Civil War. They were responsible for decisions like Plessy v. Ferguson, 163 U.S. 537, (1896).

Later, issues of "Court Stacking" were threatened by politicians, most notoriously President Franklin Roosevelt who wanted to appoint more Justices so that his political agenda would not be "overruled" by the Court.

This problem of Court stacking still remains, and is still typically pushed by Democrats for political reasons.



I do for many reasons. Not the least of which is that the SCOTUS should NOT be considered another "political football" where one political Party of another seeks to appoint persons solely because of partisan reasons.

However, I will leave it to others to flesh out the arguments for supporting lifetime appointments. There are many pro and con.
Probably because FDR was an idiot and a Stalin bootlicker.
 

Bodi

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But "the other side" is the side that goes against the Constitution.
Why is that preferable?

And why do progressives always toss a temper tantrum when things don't way?
Progressives should not be able to stack the court either... and progressives, about rights and abortion, are on the right side of those issues.
 

Rich2018

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They have a term limit.

"While in good behavior."

Which is to say, until they retire, get impeached, or die.

That's not a term limit

That's an unlimited term - would you like to see the president elected under those terms ?

If not, why should the president and a SC justice be different ?
 

Luce

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That's not a term limit

That's an unlimited term - would you like to see the president elected under those terms ?

If not, why should the president and a SC justice be different ?

Because that's how the constitution is written?

You can always push for an amendment.
 

substantialmajestic

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The notion that these guys get life appointments has ALWAYS been one of the most idiotic decisions that the Founders made.

One President able to stack a court in their favor just wipes out the other side for decades... STEW - PIT

Who thinks otherwise?

When Democrats are not winning, they change the rules.

Shelf your idea next to abolishing the electoral college and stacking the court.
 

Lycanthrope

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If you asked 5 years ago, they'd LOVE to do just that.

Now? No.
And certainly, when the court is stacked with Democratic appointees the two sides will change their opinions on this. Shame that neither side will be able to see past their short term advantages.

I like the idea of 10 year terms. Long, but not so long that they are ruling over decades.
 

Peter

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Out of interest, how many Justices have been removed due to not being able to fulfill their duties?
Have any refused to step down even though the never actually bother trying any more and are impeached?
 

Peter

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Yes because making the SCOTUS even more political is a good idea.

The Justices should be picked from the best judges and be apolitical.
 
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