Omar Bennett
The question of whether term limits for Supreme Court justices would violate the Constitution has been a topic of debate in the United States. The Constitution's Good Behavior Clause in Article III, Section 1, states that federal judges shall hold their offices during good behaviour, which has been interpreted to imply life tenure. However, supporters of term limits argue that 'good behaviour' does not indicate lifetime appointments, and suggest an 18-year term limit with subsequent service on lower federal courts or as senior justices. Critics argue that removing justices from office after a fixed term would violate the Good Behavior Clause, requiring a constitutional amendment to implement term limits. The debate centres on the interpretation of the Constitution and the need for checks and balances in the judicial system.
| Characteristics | Values |
|---|---|
| Supreme Court justices | Lack accountability |
| Have the last word on constitutional interpretation | |
| Have life tenure | |
| Have extraordinary power | |
| Lack mandatory retirement age | |
| No other country has true lifetime tenure for its justices | |
| Average tenure has increased from 15 to 26 years | |
| Congress can lighten judicial duties | |
| Justices can take "senior status" after 18 years of active service | |
| Justices can assume new duties, such as deciding original jurisdiction cases |
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What You'll Learn
The Good Behaviour Clause
However, some scholars have proposed ways to implement term limits without violating the Constitution. One proposal, known as the senior justice approach, would require justices to retire from active service on the high court but could be designated to sit in lower federal courts. This proposal is structured to avoid a constitutional issue, as justices would not leave judicial service entirely but rather take on new duties. This interpretation of the Good Behaviour Clause is supported by a Supreme Court ruling from ninety years ago, which declared that Congress can lighten a judge's duties so long as it neither abolishes their office nor reduces their salary.
Another interpretation of the Good Behaviour Clause is that it does not create life tenure for federal judges but rather allows them to be removed from office for misconduct. This interpretation would allow for term limits for Supreme Court justices, as long as the removal process was followed.
The lack of term limits for Supreme Court justices has been criticised as it gives them extraordinary power for decades with little accountability. The U.S. Supreme Court is unique among high courts in constitutional democracies in lacking either term limits or a mandatory retirement age. As a result, there have been increasing calls for reform to introduce term limits or a mandatory retirement age for justices.
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Presidential appointments
The Constitution of the United States gives Congress the power to regulate the structure and jurisdiction of the Supreme Court, as long as the justices retain their jobs, salaries, and independence. However, the Constitution also states that federal judges, including Supreme Court justices, "shall hold their Offices during good Behaviour". This has been interpreted to mean that federal judges have life tenure and can only be removed from office via resignation or impeachment.
There is debate over whether Congress can impose term limits on Supreme Court justices without amending the Constitution. Some argue that the "good behaviour" clause does not indicate a lifetime appointment, and that term limits would not violate the Constitution as long as justices retained their judicial office during good behaviour. Under this interpretation, justices would continue to hold their judicial office for life, but their tenure would be divided into two phases: 18 years of active service on the Supreme Court, followed by a senior phase serving on lower federal courts. This proposal, supported by President Joe Biden, would ensure regular changes in the Court's membership and reduce the politicization of the nomination process.
Others argue that a statute imposing term limits on Supreme Court justices would conflict with the Constitution and could be challenged and invalidated. They contend that the "good behaviour" clause creates life tenure for federal judges, and a statute providing for their removal from office after a fixed term would violate this clause.
Congress has established "senior status" for judges, which has been upheld as constitutional. Under this model, justices would retain life tenure but their tenure would be divided into two phases: 18 years of active service, followed by a senior phase where they could continue to hear a limited number of cases. This model could address concerns about the politicization of the Court and provide more predictable appointment processes.
Ultimately, the question of whether term limits for Supreme Court justices require a constitutional amendment remains unresolved. While there is support for term limits as a way to improve accountability and reduce partisanship, there are differing interpretations of the "good behaviour" clause and the extent of Congress's power to regulate the Supreme Court.
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Senior status
The concept of "senior status" for Supreme Court justices refers to a system in which justices would be moved to lower federal courts after a certain period, typically 18 years, rather than serving lifetime appointments. This proposal aims to address concerns about partisanship, accountability, and the lengthy terms currently enjoyed by justices.
The idea of term limits for Supreme Court justices has gained traction, with President Joe Biden expressing support for 18-year term limits and a presidential immunity constitutional amendment. This proposal suggests appointing a new justice every two years, ensuring regular changes in the court's membership. However, implementing term limits is a complex issue, and some scholars argue that it would require a constitutional amendment.
The main constitutional concern centres around Article III, Section 1, which states that federal judges "shall hold their Offices during good Behaviour." This provision has been interpreted to grant life tenure to federal judges, who can only be removed through impeachment or resignation. As a result, a statute imposing term limits on Supreme Court justices may be deemed unconstitutional as it would violate the Good Behavior Clause.
However, proponents of term limits argue that the phrase "good Behaviour" does not necessarily indicate lifetime appointments. They suggest that justices could continue to serve as "senior justices" for life on lower federal courts or fill vacancies on the Supreme Court. This interpretation maintains that "senior status" does not equate to removal from office but rather a change in duties, which is constitutionally valid.
Additionally, the active/senior justice model proposes that justices younger than 47 at their swearing-in would be elevated to senior status before turning 65. This model would require adjustments to existing retirement schemes, but it is not mandated by the Constitution. Instead, it falls within Congress's constitutional power to make changes by statute, as justices would continue to hold their judicial office during good behaviour.
In conclusion, while the concept of "senior status" for Supreme Court justices aims to address concerns about lifetime appointments, the implementation of term limits is a complex and debated issue. Supporters argue that it can be achieved through statutes, while others contend that a constitutional amendment is necessary to address the Good Behavior Clause. The active/senior justice model provides an alternative approach by adjusting retirement schemes without impacting current justices.
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Congressional statute
The Constitution establishes the Supreme Court but permits 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. Various Acts of Congress have since altered the number of seats on the Supreme Court, from five to ten.
Article III, Section 1 of the Constitution states that federal judges "shall hold their Offices during good Behaviour." This has been interpreted to mean that federal judges have life tenure and can only be removed from office via impeachment or resignation.
However, the Constitution does not explicitly address the issue of term limits for Supreme Court justices. Some scholars and legal experts argue that the lack of term limits for Supreme Court justices leads to a lack of accountability and an accumulation of power. They propose implementing term limits or a mandatory retirement age to align with practices in other high courts and democracies.
One proposal, known as the "senior status" or "senior judge model", suggests that justices take on a new role after a certain number of years of active service. They would not leave judicial service entirely but would assume new duties, such as deciding original jurisdiction cases or hearing cases on lower federal courts. This approach aims to address the constitutional requirement of "'good behaviour' by ensuring that justices do not relinquish their office but rather transition to a different capacity.
The "senior status" proposal has precedent in the Booth case, where the Supreme Court held that a retired lower court federal judge "remains in office" within the meaning of Article III. Additionally, the Supreme Court has previously upheld the constitutionality of the senior judge model, provided that a judge's office is not abolished, and their salary is not reduced.
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Partisan stakes
The partisan stakes of the Supreme Court's confirmation process have dramatically increased, leading to a broken system. The public already overwhelmingly feels that justices are doing a poor job of keeping their politics out of decisions. Lifetime appointments have resulted in justices pushing their personal, ideological agendas for decades with little accountability. This has led to a perception of the Supreme Court as another partisan battleground, affecting its judicial independence and public trust.
Term limits for Supreme Court justices would lower the stakes of each nomination, encouraging compromise and public accountability. Regularized appointments would also eliminate the impact of late-term vacancies, as a senior justice would temporarily step in. This reform would ensure that no individual holds largely unchecked power for decades.
Proposals for term limits include a single, standard non-renewable 18-year term for each justice, followed by senior status. This term length is based on the historical average tenure of justices and would allow for two nominations per presidential term. By reducing the stakes of each nomination, such a proposal could help to reduce partisan conflict around judicial appointments.
However, critics argue that imposing term limits on Supreme Court justices would violate the Constitution's Good Behavior Clause, which grants life tenure to federal judges. They contend that justices can be removed from office only via impeachment, absent resignation.
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Frequently asked questions
Supporters of term limits for Supreme Court justices argue that it would help to depoliticize the court, reduce the influence of personal ideologies, and ensure that the court's membership changes regularly. They also point to the fact that Supreme Court justices now serve longer on average than at any other time in American history.
Critics argue that imposing term limits on Supreme Court justices would violate the Constitution's Good Behavior Clause, which states that federal judges "shall hold their Offices during good Behaviour." They contend that this provision grants life tenure to federal judges, who can only be removed from office through resignation or impeachment.
Yes, every state supreme court except for one has implemented term limits or a mandatory retirement age for their justices. Additionally, the concept of "senior status," created by Congress in 1919, allows for a division of a justice's tenure into active and senior phases, with the latter involving reduced responsibilities.
![Speech of John Sergeant on the Judicial Tenure : Delivered in the Convention of Pennsylvania, on the 7Th and 8Th November 1837 1838 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
