The Honorable Jonathan Yates, former deputy general counsel for the Committee on Government Reform and Oversight of the U. S. House of Representatives, writes, “This lifetime term now enjoyed by justices not only contravenes the spirit of the Constitution, it counters the role intended for the court as a minor player in the equal judiciary branch of government. Term limits are needed to adjust the part of the court to the intent of the founding fathers” (Np). Judge Yates explains that the greatest powers of the Supreme Court did not originate from the Constitution or Congress, but from their own rulings (Np). The most prominent of which, was being Marbury v. Madison, in which the court granted itself judicial review, or the power to determine the constitutionality of legislation (Yates). Furthermore, the intended role of the court by the founding fathers was so small, that it did not have a home, or meet to hear any cases (Yates). An amendment to the Constitution removing the lifetime tenure of U.S. Supreme Court judges needs consideration by Congress. Lifetime tenure on the U.S. Supreme Court has led to four points that could not have been foreseen by the creators of the Constitution. The first problem resulting from the Supreme Court’s tenure policy is that judges’ are holding on to their seats, disregarding debilitating health issues. The second issue that has arisen from lifetime tenure is the use of strategic retirement by sitting judges to ensure a like-minded replacement. The third development resulting from lifetime tenure is the steady decrease in case decisions by the U.S. Supreme Court. The fourth and final effect lifetime tenure has had on the Supreme Court is an increase in celebrity status of the judges, which has le... ... middle of paper ... .... 21 Nov. 2013. Jacoby, Jeff. “Supreme Court Term Limits.” The Boston Globe. Boston Globe Media Partners, 2013. Web. 21 Nov. 2013. McBride, Alex. “Bush v Gore.” The Supreme Court. Thirteen/WNET New York, Dec. 2006. Web. 5 Dec. 2013. Segall, Eric J. "Supreme Court Justices: The Case for Hanging It Up." Los Angeles Times. Los Angeles Times, 24 Feb. 2013. Web. 21 Nov. 2013. Taylor Jr., Stuart. "Life Tenure is Too Long for Supreme Court Justices." National Journal 37.26 (2005): 2033. MasterFILE Premier. Web. 21 Nov. 2013. Teitelbaum, Joshua. "Age, Tenure, and Productivity of the US Supreme Court: Are Term Limits Necessary?" Florida State University Law Review 34.1 (2006): 161-181. Google Scholar. Web. 21 Nov. 2013. Yates, Jonathan. “Law Professor Makes Compelling Argument for Term Limits for Supreme Court.” Lawreader.com. Buffalo News, 1 June 2009. Web. 21 Nov. 2013.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
... eye. While Toobin gave me great insight to the people who make up the Supreme Court, this book has become dated in some aspects. Stevens and Souter no longer are a part of the Supreme Court. As this book shows, each individual Justice makes up the personality of Supreme Court, which is now sightly different, without Justices Stevens and Souter. The nine justices in the book served together longer than any other group of Justices. Toobin describes the how each of the Justices got appointed to the Supreme court, including the failed nominations that ultimately brought each of the Justices to the Supreme court. The Supreme Court shapes our country in ways that no other branch of government can, because they are appointed for life. Ultimately, nominating a Supreme Court Justics, is one of the most far reaching and lasting way a president can shape our nation.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Henson, J. (Interviewer) & Elkins, Z. (Interviewee). (2008). The Bases of Longevity in the U.S. Constitution [Interview video file].
For more than a dozen years, Clarence Earl Gideon lay buried in a nondescript, unmarked grave in Hannibal, Missouri. Most Americans outside of the legal community (and many within it) would neither recognize Gideon's name, nor understand the seismic impact he had on our legal system. Fortunately, Anthony Lewis, the renowned journalist now retired from The New York Times, chronicled Gideon's saga from the filing of his hand-written petition for writ of certiorari with the Supreme Court to the momentous decision of March 18, 1963. Lewis brings to life the story of the man behind the case, the legal machinations of the court appointed lawyer (and others working with him) toiling on Gideon's behalf and the inner-workings of the Supreme Court. By telling the story, Lewis has preserved an important piece of legal and social history and we are all the richer for his doing so.
"Key Supreme Court Cases: Schenck v. United States - American Bar ..." 2011. 14 Jan. 2014
Life tenure creates at least three problems. First, it allows bad judges to stay on the bench for an indefinite period of time. Second, life tenure allows all judges, including those judges who were very good at what they did, to stay on the bench even after they are long past doing their best work. Third and finally, life tenure allows justices to “rig the system”, as their productivity and effectiveness drastically decrease, while they wait for a president to nominate their successor who has similar viewpoints to theirs (Lazarus
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
The 59 year old John Glover Roberts Jr, was born on January 27, 1955 in Buffalo, New York. He was the only son of John G. “Jack” Glover Sr. and Rosemary Podrasky Roberts. His ancestry being Irish, Welsh, and Czech (O'Dowd).
Shnayerson, Robert. The Illustrated History of The Supreme Court Of The United States. New York: Abrams, 1986.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
When the United States was founded, the theme behind the new government was to establish an efficient system without doling out too much power to any one person. The Founders intended to prevent a rebirth of tyranny, which they had just escaped by breaking away from England. However, when members of Congress such as Tom Foley, who served as a Representative from 1964 through 1995, and Jack Brooks, who served as a Representative from 1952 through 1994, remain in the legislative system for over forty years, it is evident that tyranny has not necessarily been eradicated from the United States (Vance, 1994, p. 429). Term limits are a necessity to uphold the Founders’ intentions, to prevent unfair advantages given to incumbents, and to allow a multitude of additional benefits.
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
One method for avoiding a debilitated Court would be to pass a Constitutional Amendment. It would take an amendment to impose a mandatory retirement age since the Constitution assures the justices life tenure to secure their judicial independence. This new amendment would propose to phase out older justices in an effort to be the most beneficial to the public for which they are meant to serve.