154
Gaetz says he'd support raising motion-to-vacate threshold if GOP enacts Democrat’s reform plan
(www.washingtonexaminer.com)
this post was submitted on 06 Oct 2023
154 points (95.3% liked)
politics
18866 readers
21 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Article 3, Section 1:
Unlike for President, Senators, and Representatives, no term is given for Federal Judges, which includes the Supreme Court Justices. They "shall hold their Offices during good Behaviour." Once a Federal Judge, always a Federal Judge.
I’m neither a lawyer nor scholar but that wouldn’t seem to preclude term limits or explicitly establish lifetime appointments.
Justices hold it during good behavior, not time limited per the Constitution.
As for members of Congress, a term limit would essentially be adding another qualification to those required by the Constitution.
The Constitutional requirements to be a Representative are:
Term limits would add on another restriction, disqualifying those who'd already served the term. Thus, unconstitutional.
Which is why setting term limits on the office of President required - wait for it - the 22nd Amendment.
Yeah, but they're talking about doing these reforms through regular legislation. I don't think any of them have proposed constitutional amendments to try.
Oh sorry - it may have appeared that I was being snarky towards you. That was not my intent, you are absolutely right. I'm just aggravated by the number of people who think you can "just do things" when you can't.
All good.
Article 3, Section 2:
Because judicial review is inferred (not stated) in the Constitution, and because Congress has explicit permission to regulate the judiciary (including the Supreme Court), Congress can effectively do what they want.
This means that Congress can put a clause stating "this law is not subject to judicial review" and there is literally nothing SCOTUS can do about it. It's a check on SCOTUS. Congress has full power over judicial review.
Congress has tried exercising this clause in the past (to force judicial review to require a 2/3 majority of justices), but it's always died in the Senate.
That can limit their appellate jurisdiction. Congress can't restrict the court's original jurisdiction. A state could sue the federal government over this and as a case where a state is a party, the Supreme Court has original jurisdiction.
But what’s the definition of “Office” in this context? The Office of the President, for example, is defined as a span of four years. President is the title and Office includes both title and time, as do many other political positions.
So what I’m saying is that there’s nothing there that says Congress cannot pass a law saying the Office of a Supreme Court Justice is defined as holding the position for six years.
Because the Constitution specifies term lengths for President, Senators, and Representatives, it is clear that the authors knew when those things needed to be specified. The absence of specifying a term length for Justices means that it is a life term; if the authors had intended there to be a term measured in years, one would have been mentioned.
While I am not a lawyer, I have read enough about intepreting the Constitution to know that that is the very longstanding way to interpret this, and that it is pretty universally accepted.
For the record, I’m playing advocatus diaboli here. I agree that your interpretation is the traditional one.
That said, it has not been challenged, as far as I know, and attributions of original intent (and by now even the application of previous rulings) are the subject of legal argumentation and opinion. My point was that the Constitution does not explicitly set a temporal component to the term of a federal justice, and it does not explicitly forbid one. This it would not take a constitutional amendment to set a term limit, but rather a finding that the law did not violate the constitution (which again would come down to an interpretation since it’s not explicitly set).