The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. 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.
This first Section of Article 3 establishes the Supreme Court as well as the lower federal courts. Congress is given power to adjust or add to these lower courts as needed, such as during the western expansion of our nation. In addition, it is noted that Judges were required to maintain “good behavior” in order to hold their office and that they should be paid for their services. Notice that a term limit or timeframe was never placed upon Judges. This was presumably because the assumption was they would serve for a lifetime, but that requirement is not given.
I propose that we limit the time of office of Supreme Court Justices to overlap with the office of the next two Presidents, with the departing President appointing replacements and alternatives for Congresses approval shortly before the re-election so that he doesn’t know if he has to serve with them or not.
Who knows, there may be a distinct improvement in the political climate if we did so.
Until next time, this is Joel with Dunetos K-9 helping sharpen your world…one dog at a time.
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