Malcolm Rivera
The Constitution's Good Behaviour Clause in Article III, Section 1, states that the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.. This has been interpreted to mean that Supreme Court justices hold their positions for life, but there is currently a push for term limits to be imposed, with a bill introduced by Senator Alex Padilla proposing an 18-year term.
| Characteristics | Values |
|---|---|
| Does the Constitution set term limits for the Supreme Court? | No, the Constitution does not set term limits for the Supreme Court. However, it does require that Supreme Court justices hear cases brought under the Court's "original jurisdiction." |
| Proposed term limits | 18 years, 12 years, 10 years, 20 years, 6 years, and 2 years have all been suggested. |
| Support for term limits | There is support for term limits from some judges, members of the public, senators, and President Joe Biden. |
| Opposition to term limits | Some judges oppose term limits, arguing that lifetime appointments are necessary to protect the Constitution and remove partisanship from the Supreme Court. |
| Impact of term limits | It is argued that term limits would reduce partisanship, improve the judiciary's reputation, and ensure that the court's membership changes regularly. |
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What You'll Learn
The Constitution's Good Behaviour Clause
The Constitution does not set term limits for Supreme Court justices. Instead, it states that judges "shall hold their Offices during good Behaviour". This is known as the Good Behaviour Clause, and it is included in Article III of the Constitution.
The Good Behaviour Clause is intended to protect judicial independence by preventing judges from being removed at the whim of other branches of government. It establishes that judges cannot be removed at will, and that removing a federal judge requires impeachment and conviction for a high crime or misdemeanour. The meaning of "good behaviour" has been the subject of longstanding debate, with some arguing that it denotes an alternative standard of removal for federal judges beyond "high crimes and misdemeanours". However, the modern view of Congress appears to be that "good behaviour" does not establish an independent standard for impeachable conduct.
The inclusion of the Good Behaviour Clause in the Constitution was influenced by the English legal system, where guaranteed life-tenure for judges had become the rule after the Act of Settlement in 1701. During the Constitutional Convention, the Framers rejected the first English method of removal, which allowed for judges to be remove-able without a trial. Instead, they opted for the high crimes and misdemeanours language for removal.
While the Good Behaviour Clause protects judges from removal at will, it does not insulate them from criminal prosecution. Federal judges can be prosecuted and impeached if they break the law, become corrupt, or sit in cases in which they have a personal or family stake.
Despite the Good Behaviour Clause, there have been calls for the implementation of term limits for Supreme Court justices. Critics argue that life tenure gives justices the incentive to stay on the court until a like-minded president is in office, leading to nominations becoming a political circus. Proposals for reform include regularized 18-year term limits, which would introduce predictability to appointments and reduce partisanship.
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Life tenure
The Constitution does not expressly grant "life tenure" to Supreme Court justices. The idea of life tenure has been derived from the language that judges and justices "shall hold their offices during good behaviour". However, the interpretation of "good behaviour" is disputed. Some believe that it does not indicate a lifetime appointment, while others argue that lifetime appointments are important to remove partisanship and protect the Constitution.
The United States is one of only five countries that have life tenure for their highest court. Among the 800-plus constitutions adopted since 1787, fewer than 20% have granted high court judges life tenure. In those cases, there is almost always a limitation on tenure, such as an age limit. Nearly all countries with specialised constitutional courts impose fixed terms for their judges, which are mostly non-renewable.
The current system of life tenure has been criticised for allowing justices to game their retirements and stay on the court until a like-minded president is in office. This has turned nominations into a political circus, with the party in power attempting to nominate the youngest, most ideological candidates who will control the seat for decades. This has resulted in a court that is more politicised than ever, with ethical misconduct and the lowest approval rating since Gallup began polling.
To address these concerns, Senators Whitehouse, Booker, Blumenthal, Padilla, Hirono, Merkley, Welch, and Schatz introduced a bill to limit Supreme Court terms. The bill proposes that the President appoints a new justice every two years, with each justice serving an 18-year term. After their term, they would be limited to hearing a small number of constitutionally required cases. This proposal aims to lower the temperature on political brinkmanship and restore trust in the court.
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Political partisanship
The Constitution of the United States does not set term limits for Supreme Court justices. However, the issue of term limits for Supreme Court justices has become a highly politicised issue, with strong opinions on both sides.
Proponents of term limits argue that the lack of term limits has led to increased partisanship in the Supreme Court, with justices allegedly being "'bought', and appointments becoming partisan spectacles. They further argue that term limits would improve the judiciary's reputation and ensure that the court's membership changes regularly. Additionally, it is argued that term limits would discourage the trend of appointing younger justices to lock in a particular judicial ideology for a more extended period.
On the other hand, opponents of term limits argue that lifetime appointments are essential to removing partisanship from the Supreme Court and protecting the Constitution. They also highlight the potential diminution of the position of justices that could result from imposing term limits.
The debate around term limits for Supreme Court justices is further complicated by the Constitution's Good Behaviour Clause in Article III, Section 1, which states that "the judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour". While some interpret this as not indicating a lifetime appointment, others strongly disagree, believing that a constitutional amendment is required to impose term limits.
The polarised nature of the debate, with passionate arguments on both sides, underscores the highly politicised nature of the issue of term limits for Supreme Court justices in the United States.
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Public opinion
Some Americans believe that the Supreme Court is in a state of crisis, and that without common-sense reform, it will continue to work against the American people and undermine democracy. They also believe that the Court is more politicized than ever, and that justices enjoy lavish rewards from conservative billionaires, which calls into question the neutrality of their decisions.
The public's view of the Court reflects increasing partisanship and politicization. Changing the way tenure functions could be an important step towards rebuilding public trust in the Court's capability as an independent body, removing it from partisan politics.
Some sources state that 67% of Americans are in favor of term limits, and that the Court has lost its way, becoming too politicized. They believe that by imposing term limits, the temperature of political brinkmanship can be lowered, and trust in the highest court can be restored.
However, other sources state that age limits on Supreme Court justices could be problematic, as future presidents might seek to evade this limit by nominating younger and younger justices to extend their impact on the Court. This could result in presidents skipping over highly qualified judges in favor of younger nominees, which could negatively impact the quality of decisions and the public standing of the institution.
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Congressional power
The Constitution does not set term limits for the Supreme Court. However, the Constitution does grant Congress the power to set term limits for Supreme Court justices. This is because, according to the Constitution's Good Behaviour Clause in Article III, Section 1, "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour".
The interpretation of the "good Behaviour" clause is a matter of debate. Some argue that it does not indicate a lifetime appointment and that Congress can set term limits by statute. Others, however, believe that it does grant Supreme Court justices lifetime appointments and that amending the Constitution is necessary to impose term limits.
Congress has previously set different thresholds for the retirement of federal judges. For example, the retirement age used to be 70. Additionally, Congress has passed statutes that provide fast-track limitations that apply to only one chamber of Congress.
There have been several proposals for term limits for Supreme Court justices. One proposal suggests an 18-year term limit, with each new justice added every other year. This would result in predictable appointments, with each president filling two seats every four years. Another proposal suggests a term limit of 12, 10, or 20 years, while some judges have suggested a term limit of no more than six years on a staggered basis.
The debate over term limits for Supreme Court justices is complex and multifaceted. Some argue that term limits would reduce partisanship and improve the judiciary's reputation. Others believe that lifetime appointments are important to protect the Constitution and maintain judicial independence.
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Frequently asked questions
No, the Constitution does not set term limits for the Supreme Court. However, the Constitution's Good Behaviour Clause in Article III, Section 1, states that "the judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour".
Yes, there have been proposals for 18-year term limits for Supreme Court justices, with regular appointments every two years.
Arguments in favour of term limits include reducing partisanship, improving the judiciary's reputation, and ensuring that the court's membership changes regularly.
Some argue that lifetime appointments are important to protect the Constitution and that term limits could be seen as a diminution of the position.
This is a matter of debate. Some scholars believe that Congress can impose term limits by interpreting the "'good Behaviour' clause as not indicating a lifetime appointment". Others argue that a constitutional amendment is required.
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