Senate Democrats introduced legislation on Thursday to place term limits on Supreme Court justices, reigniting debate around the issue championed by Democrats in the House and the Senate.
If you do this outside a Constitutional Amendment, what will happen is that it will just get challenged up to the Supreme Court, who will then strike it down.
Not really. The constitution only says that the SCOTUS exists and is the highest court. Everything else is up to Congress. There didn’t always used to be 9 justices for instance. Congress has even passed laws to strip the court of the right to hear any case they want. Some types of cases have to go through special courts of original jurisdiction, like bankruptcy.
Because Presidential term limits were defined by the 22nd Amendment, I guarantee the court will not accept limitations without a new amendment. Especially not this court.
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
During good behavior. This is clearly not limited by time or age. The only way to remove them without their retirement or death is via impeachment for a violation of “good behavior.” This stuff can be changed but the way to do so is via amendment.
Even if that were true, they should STILL try it. You do it to put the pressure on, to slowly move forward, put the idea in the news, on people’s minds, etc. It may seem futile but we have to start somewhere.
If you do this outside a Constitutional Amendment, what will happen is that it will just get challenged up to the Supreme Court, who will then strike it down.
Not really. The constitution only says that the SCOTUS exists and is the highest court. Everything else is up to Congress. There didn’t always used to be 9 justices for instance. Congress has even passed laws to strip the court of the right to hear any case they want. Some types of cases have to go through special courts of original jurisdiction, like bankruptcy.
Because Presidential term limits were defined by the 22nd Amendment, I guarantee the court will not accept limitations without a new amendment. Especially not this court.
During good behavior. This is clearly not limited by time or age. The only way to remove them without their retirement or death is via impeachment for a violation of “good behavior.” This stuff can be changed but the way to do so is via amendment.
Bad behavior would still require an impeachment.
Even if that were true, they should STILL try it. You do it to put the pressure on, to slowly move forward, put the idea in the news, on people’s minds, etc. It may seem futile but we have to start somewhere.
That’s how you waste political capital on ineffective, performative measures which do nothing but guarantee supreme court challenge.
If you want to waste taxpayer money, this is the way to do it.
As if “political capital” is being properly spent elsewhere. Must be nice in happy fantasy land.
See that’s what people said during the Trump impeachments. Everyone knew it wouldn’t go anywhere and it changed nothing.
I mean, he’s not president and he’s got more indictments than you can shake a stick at.
Yeah, and nobody can stop him from being the next Republican candidate for President.
His fanbase is the living personification of this:
https://effectiviology.com/backfire-effect-facts-dont-change-minds/
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