Jonah Patel
The Supreme Court's role in amending the Constitution has been a topic of debate, with some arguing that certain changes, like imposing term limits on justices, would require amending the Constitution. The size of the Court, for example, has been changed six times without requiring constitutional amendments as it is set by Congress via the Judiciary Act. However, the terms of justices, which allow them to serve until they die unless impeached, are defined in Article III, Sec. and would likely necessitate an amendment. While no amendment to the US Constitution has been ruled unconstitutional by a court, the concept of an unconstitutional constitutional amendment exists, suggesting that even a properly ratified amendment may conflict with constitutional norms, values, or principles. This doctrine has been explored by various courts and legal scholars worldwide, including in Germany, India, Israel, and Italy, where courts have played a role in interpreting and upholding the basic structure of their respective constitutions.
| Characteristics | Values |
|---|---|
| Imposing term limits on justices | Requires a constitutional amendment |
| Increasing the number of justices | Does not require a constitutional amendment |
| Bifurcating the duties of judges | May not require a constitutional amendment |
| Creating a parallel court for cases in general or specific issues | May not require a constitutional amendment |
| Passing a law by Congress | May not require a constitutional amendment |
| Expanding the Supreme Court | May require a constitutional amendment |
| Impeaching justices | Does not require a constitutional amendment |
| Budget cuts for staff salaries and facilities | May require a constitutional amendment |
| Mass court expansion | May require a constitutional amendment |
| Credible threats of impeachment | May require a constitutional amendment |
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What You'll Learn
Imposing term limits on justices
The Supreme Court is the highest court in the United States, and its decisions can have a significant impact on the lives of Americans. The Court has faced criticism and scrutiny over the years, with concerns raised about its legitimacy and independence. One of the main proposals to address these issues has been the imposition of term limits on Supreme Court justices.
Currently, Supreme Court justices can serve until they die unless they are impeached. There are no term limits for justices, and they can remain in their positions for life. However, there have been several calls for change, with some arguing that imposing term limits would help restore balance, independence, and integrity to the Court.
In 2023, Congressman Hank Johnson reintroduced the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act, which proposes 18-year term limits for Supreme Court justices. The Act also suggests a new process for Supreme Court appointments, with a president appointing a justice every two years. This would ensure that every president has the opportunity to appoint at least two justices during their term.
The imposition of term limits on Supreme Court justices has been a topic of discussion and debate. Some argue that it is a necessary reform to address the Court's crisis of legitimacy. By imposing term limits, the Court may become more representative of the public, and the stakes of each justice's appointment could be lowered. Additionally, term limits could reduce the politicization of the confirmation process and ensure that the Court remains independent and non-partisan.
However, imposing term limits on Supreme Court justices would require amending the Constitution. The life term for justices is specified in the Constitution, and any changes to their terms would need to be addressed through an amendment. While there have been proposals and bills introduced to establish term limits, the process of amending the Constitution is complex and challenging.
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Supreme Court jurisdiction
The jurisdiction of the Supreme Court is a complex and evolving topic, with powers and limitations defined by the Constitution and shaped by legal precedents and doctrines. While the Supreme Court plays a critical role in interpreting and applying the Constitution, the specific question of whether it can amend the Constitution is a multifaceted issue.
According to Article III, Section 2 of the Constitution, the Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, and consuls, as well as those in which a state is a party. This means that the Supreme Court is the first court to hear these types of cases, and its decisions are binding. In all other cases, the Supreme Court has appellate jurisdiction, meaning it reviews decisions made by lower courts.
Historically, the size of the Supreme Court has changed six times, and these modifications did not necessitate amending the Constitution. The number of justices is set by Congress through the Judiciary Act. However, any changes to the terms of the justices, such as imposing term limits, would require a constitutional amendment. This is because the life term of justices is explicitly specified in the Constitution.
The concept of "unconstitutional constitutional amendments" adds another layer to the discussion. While no amendment to the US Constitution has been ruled unconstitutional by a court, legal scholars and courts in various countries have explored this idea. For example, the Indian Supreme Court articulated the basic structure doctrine, stating that a constitutional amendment violating the Indian Constitution's basic structure should be deemed unconstitutional. Similarly, the Supreme Court of Honduras found a part of its original constitution, imposing a one-term limit on the president, to be unconstitutional.
In conclusion, while the Supreme Court possesses significant jurisdiction and interpretive powers regarding the Constitution, amending the Constitution itself is a separate matter. Certain changes, such as imposing term limits on justices, would require a formal amendment process. At the same time, the concept of "unconstitutional constitutional amendments" suggests that even properly ratified amendments may be deemed unconstitutional if they conflict with core constitutional principles. Thus, the Supreme Court's jurisdiction in this context is intertwined with its responsibility to uphold and interpret the Constitution as a whole.
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Unconstitutional amendments
The process of amending the US Constitution is outlined in Article Five of the document. Amendments must be properly proposed and ratified before becoming operative. This can be done through a two-thirds majority vote in both the Senate and the House of Representatives, or through a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of state legislatures or state ratifying conventions.
The US Constitution has been amended 27 times, with approximately 11,848 proposals to amend it introduced in Congress since 1789. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
While the Supreme Court does not directly amend the Constitution, its rulings can interpret and effectively change how it is applied. For example, the Supreme Court could theoretically hear a case on bifurcating the duties of Supreme Court judges into two phases: an active decision-making phase with a fixed number of years, followed by an indefinite administrative phase. This could effectively impose term limits on Supreme Court justices without formally amending the Constitution.
Some aspects of the Constitution, such as term limits for justices, would require an amendment as the life term is specified in the document. However, changes to the number of justices on the Supreme Court have been made six times without requiring a constitutional amendment.
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Court expansion
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has nine justices—the chief justice of the United States and eight associate justices. Justices have lifetime tenure, remaining in office until they die, retire, resign, or are impeached and removed from office.
There has been debate about expanding the Supreme Court. In 2021, some Democrats in the House of Representatives introduced the Judiciary Act of 2021, a bill to expand the Supreme Court from nine to 13 seats. This was in response to the expansion of a 5-4 conservative majority to a 6-3 supermajority during Donald Trump's presidency, which led to the court being called the most conservative since the 1930s.
Supporters of court expansion argue that it is necessary to restore fairness, integrity, and respect for the rule of law, and to address issues such as environmental injustice, racial injustice, and reproductive healthcare access. They also argue that the court has lost the public's trust due to its disregard for ethics, constitutional precedent, and the health and wellbeing of Americans.
Opponents of court expansion argue that it could infringe on the principle of judicial independence. They also point out that while the number of justices has changed six times over the years, none of those changes required amending the Constitution.
It is important to note that the size of the Court is set by Congress via the Judiciary Act, and Congress has changed the size of the Court multiple times in the past. However, any changes to the terms of justices, such as imposing term limits, would require amending the Constitution as the life term is specified in Article III.
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Impeachment
The process of impeachment is a significant mechanism to hold public officials accountable, including those serving in the judiciary. While the focus here is on the Supreme Court, it is worth noting that impeachment procedures can also extend to lower courts. The impeachment process serves as a check on the judiciary, ensuring that judges uphold the integrity of their office and act within the bounds of their constitutional duties.
In the United States, the impeachment of Supreme Court justices has occurred rarely throughout history. One notable example is the impeachment trial of Justice Samuel Chase in 1804-1805. Chase, a staunch Federalist, faced charges of refusing to dismiss biased jurors and limiting defence witnesses in politically sensitive cases. The trial highlighted the political nature of impeachment, as Chase's critics accused him of promoting his political agenda from the bench. Ultimately, the Senate acquitted Chase on all counts, with the defence arguing that his conduct did not merit removal from office.
In India, impeachment proceedings against Supreme Court or High Court judges have been initiated a few times. Under Article 124(4) and 124(5), the process involves a motion supported by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. If the motion is admitted, a committee is formed to investigate the charges, and the judge can present a written defence. The committee's report is then presented to both houses of Parliament, requiring a special majority for the removal of the judge.
The impeachment process in India has led to resignations and, in some cases, actual removal from office. For instance, Justice Soumitra Sen of the Calcutta High Court resigned in 2011 after the Rajya Sabha passed an impeachment motion against him. Similarly, P.D. Dinakaran, Chief Justice of the Sikkim High Court, resigned amidst charges of corruption, land-grab, and abuse of judicial office before formal impeachment proceedings could begin.
While impeachment is a crucial tool to address judicial misconduct, it is important to note that the bar for removal is intentionally set high. The process aims to balance accountability with judicial independence, ensuring that judges can carry out their duties without undue political influence.
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Frequently asked questions
The Supreme Court does not have the power to amend the Constitution. However, it can declare amendments or parts of the original constitution unconstitutional.
An unconstitutional constitutional amendment is an amendment that is not explicitly prohibited by a constitution's text but is nevertheless unconstitutional due to conflict with some constitutional or extra-constitutional norm, value, and/or principle.
Yes, the Supreme Court can reject amendments to Basic Laws in "extreme circumstances". An example of an unconstitutional amendment would be a measure to restore the monarchy in a country where it has been abolished.
