Our founders made the branches of government as a system of checks and balances. Not everyone is happy about that.
And now a Democrat Senator declared all out war on the Supreme Court.
Sen. Joe Manchin, I-W.Va., and Sen. Peter Welch, D-Vt., are spearheading a constitutional amendment to impose term limits on future Supreme Court justices, aiming to address concerns over lifetime appointments and their impact on public trust.
Currently, Supreme Court justices enjoy lifetime tenure as outlined in the U.S. Constitution, which states they “… shall hold their Offices during good Behaviour …”
The proposed amendment would limit future justices to 18-year terms, with new terms starting every two years.
However, this change would only apply to justices appointed after the amendment’s ratification. Current justices would retain the option to serve as long as they choose.
“The proposed amendment would not adjust the tenure of sitting Justices, but rather institute a transition period to maintain regular vacancies as current Justices retire,” Manchin’s press release explains.
“During that period, 18-year terms will begin every two years, regardless of when a current Justice leaves the bench. Once a current Justice retires, the newly appointed Justice will serve out the remainder of the next open 18-year term. The amendment would not change the overall number of Justices on the Court.”
Manchin, who has represented West Virginia in the Senate since 2010 and recently announced he would not seek re-election, is set to conclude his term in less than a month.
“I’m proud to introduce this legislation with Senator Welch that would establish 18-year term limits for Justices of the United States Supreme Court.
“The current lifetime appointment structure is broken and fuels polarizing confirmation battles and political posturing that has eroded public confidence in the highest court in our land,” Manchin said in the press release.”
“Our amendment maintains that there shall never be more than nine Justices and would gradually create regular vacancies on the Court, allowing the President to appoint a new Justice every two years with the advice and consent of the United States Senate. I encourage my colleagues on both sides of the aisle to join our legislation to help restore faith in our judicial system.”
A key feature of the amendment would codify the number of Supreme Court justices at nine, a figure established by the Judiciary Act of 1869 but not explicitly stated in the Constitution.
According to the Supreme Court’s website, that number has remained unchanged since then.
Currently, three of the nine Supreme Court justices were appointed by President Donald Trump during his first term, while only one was appointed by President Joe Biden.
Welch echoed Manchin’s sentiments, emphasizing the need for reform to restore public confidence in the judiciary.
“Taking action to restore public trust in our nation’s most powerful Court is as urgent as it is necessary. Setting term limits for Supreme Court Justices will cut down on political gamesmanship, and is commonsense reform supported by a majority of Americans,” Welch said in the press release.
“I’m proud to lead this effort with Senator Manchin that will restore Americans’ faith in our judicial system.”
Stay tuned to Prudent Politics.
