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The United States Constitution does not expressly grant life tenure to Supreme Court justices. Instead, the idea of life tenure has been inferred from the phrase during good behaviour in the Constitution. While the Constitution establishes the Supreme Court, it allows Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. Supreme Court justices now serve longer than at any other time in American history, with an average tenure of 28 years.
| Characteristics | Values |
|---|---|
| Tenure of Supreme Court Justices | Life tenure |
| Fixed terms | No |
| Limitations on tenure | Age limit |
| Tenure in other countries | No other country has true lifetime tenure |
| Term limits | Enjoy bipartisan support |
| Constitutional basis for tenure | Article III, Section I |
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What You'll Learn
The US Constitution establishes the Supreme Court
While the Constitution establishes the Supreme Court, it gives Congress the authority to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. Over time, the number of seats on the Supreme Court has varied from five to ten, but since the Civil War, it has been fixed at nine justices: one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the land and plays a crucial role in the constitutional system of government. It serves as the court of last resort, ensuring that each branch of government recognises its limits, protecting civil rights and liberties, and setting limits on democratic government to safeguard minority rights. The Court's power of judicial review allows it to declare legislative or executive acts as unconstitutional, a power established in the landmark case of Marbury v. Madison in 1803.
While the Constitution does not explicitly grant "life tenure" to Supreme Court justices, they typically hold office for life. This tradition is derived from the language that judges and justices "shall hold their offices during good behaviour." Life tenure is intended to protect the independence of the judiciary from political influence, but it has also led to concerns about justices staying in office past their prime and the politicisation of nominations.
The length of tenure for Supreme Court justices has become a topic of debate, with some proposing term limits to address the issues associated with life tenure. Comparative constitutional law scholars have argued that if the Constitution were written today, a different structure for judicial tenure would be adopted, as no other country grants true lifetime tenure to its justices.
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Supreme Court justices typically hold office for life
The Constitution establishes the federal judiciary, including the Supreme Court, and empowers the judicial branch of the US government. Article III, Section I of the Constitution 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." While the Constitution does not expressly grant "life tenure" to Supreme Court justices, the idea has been interpreted from the language that judges and justices "shall hold their offices during good behaviour."
Supreme Court justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These restrictions aim to protect the independence of the judiciary from political interference. However, life tenure for Supreme Court justices has been a topic of debate, with some arguing for term limits to align with global trends and prevent justices from shaping the direction of the law for generations.
The long tenure of Supreme Court justices has led to concerns about the impact on the judicial system. The average tenure of justices has increased significantly, with current justices serving longer than at any other time in American history. This extended tenure can result in justices staying on the court until a like-minded president is in office, potentially impacting the integrity of the nomination process. It also raises questions about the adaptability of the law to evolving societal views and the composition of the electorate.
While the US Constitution provides for life tenure for federal judges, including Supreme Court justices, it is important to note that this is not a universal practice. Comparative constitutional law scholars have acknowledged that lifetime tenure for justices is uncommon and may not be the preferred approach if the Constitution were written today. Most countries with specialized constitutional courts impose fixed terms for their judges, and almost all states in the US require fixed terms for their supreme court justices.
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The Constitution does not expressly grant life tenure
While the Constitution does not explicitly mention life tenure for Supreme Court justices, it is important to note that it grants Congress the power to organize and structure the judiciary. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, the number of seats on the Supreme Court has varied, but since shortly after the Civil War, the number has been fixed at nine, including one Chief Justice and eight Associate Justices.
The interpretation of "good behaviour" as granting life tenure to judges is intended to protect the independence of the judiciary from political influence. It ensures that judges can make decisions without worrying about reappointment or removal based on their rulings. This independence is crucial for maintaining the integrity of the judicial system and upholding the principle of judicial independence enshrined in Article III.
However, life tenure for Supreme Court justices has faced increasing criticism in recent years. Some argue that it gives justices the incentive to stay on the court until a like-minded president is in office, potentially past their prime intellectual years. This can turn nominations into a political game, with the party in power prioritizing ideology over broad life experience and integrity. As a result, proposals have been made to impose term limits on Supreme Court justices, such as a single 18-year term, to restore limits to the powerful and least accountable branch of the American government.
Comparative constitutional law scholars have acknowledged that if they were writing the United States Constitution today, they would not include life tenure for justices. No other major democracy in the world provides true lifetime tenure for its high court judges who hear constitutional cases. Instead, most countries with specialized constitutional courts impose fixed terms for judges, often non-renewable, to ensure that the judiciary remains responsive to the evolving views and composition of the electorate.
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The Supreme Court interprets the Constitution
The Constitution establishes the Supreme Court and outlines its powers, but it does not explicitly set the tenure of 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".
Article III of the Constitution establishes and empowers the judicial branch of the US government. It 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." This means that while the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it and set up other federal courts.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, the number of seats on the Supreme Court has varied from five to ten. Today, there is a set number of nine justices: one Chief Justice and eight Associate Justices.
The Supreme Court plays a crucial role in interpreting the Constitution and ensuring that each branch of the government recognises its limits. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand.
The Supreme Court also serves as the court of last resort for those seeking justice, protects civil rights and liberties by striking down unconstitutional laws, and sets limits on democratic government to protect minority rights. These interpretations of the Constitution have a significant impact on society and ensure that the changing views of the majority do not undermine fundamental American values.
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The Supreme Court is the highest court in the US
Article III, Section I of the US Constitution establishes the federal judiciary, stating 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." This makes the Supreme Court the highest court in the US. While the Constitution establishes the Supreme Court, it allows Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which established a Supreme Court with six justices and created a lower federal court system.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear almost any case on appeal that involves constitutional or federal law. The Court's power of judicial review has defined the separation of powers between the legislative and executive branches. For example, in Goldwater v. Carter (1979), the Court effectively gave the presidency the power to terminate ratified treaties without Congressional consent.
The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. Justices typically hold office for life, although there have been calls for term limits to bring the US in line with other democracies. Justices can change their votes on a case until the decision is finalised, and they can choose whether to author an opinion or join the majority opinion. The Court's decisions are published in official and unofficial reporters, and its rulings create binding precedent in American law.
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Frequently asked questions
The US Constitution does not set a specific tenure for Supreme Court justices. However, it is commonly accepted that they hold office for life. This interpretation is derived from the language that judges and justices "shall hold their offices during good behaviour".
A popular proposal is to implement a single, standard 18-year term for Supreme Court justices. This would introduce predictability to appointments and reduce the politicisation of the process.
The current system of life tenure for Supreme Court justices has been criticised for allowing a single justice to shape the direction of the law for generations. Term limits would bring the US in line with global trends and the views of comparative constitutional law scholars, who have argued that life tenure for Supreme Court justices is no longer appropriate in modern times.
