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CQ Researcher proposals: 18 Year Term Limit for Justices  

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CQ Researcher proposals: 18 Year Term Limit for Justices  

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18 year term limit for justices.

Would be able to serve on lower federal courts or on the supreme court itself.

Supreme court has a lot of problems but doesn't think lifetime tenure is the problem

Revising lifetime tenure is the court responsiveness to changing political conditions

To give the judiciary a veto over legislation passed by congress

Proposal passed to try and strengthen the presidents power

Judaical courts will have more power

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Legislative (Senate and House of Representatives):

The power to tax, borrow money, to regulate commerce with foreign nations and among the states, to establish rules for the naturalization of foreigners seeking citizenship, to establish a post office, to raise and maintain an army and navy, and to declare war.

Power to make all laws which shall be necessary and proper, and to carry out the enumerated powers (U.S. Constitution, Article I, Section 8, Clause 18). This necessary and proper clause, also known as the elastic clause, allows the legislative branch to remain flexible and adjust with the circumstances that changing times require

Create annual budget for the federal government

Can override a veto made by the president by passing a bill in each chamber ( House of Representatives and Senate)

Senate—There are two elected Senators per state, totaling 100 Senators. A Senate term is six years and there is no limit to the number of terms an individual can serve.

House of Representatives—There are 435 elected Representatives, which are divided among the 50 states in proportion to their total population. There are additional non-voting delegates who represent the District of Columbia and the territories. A Representative serves a two-year term, and there is no limit to the number of terms an individual can serve.

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Amendment 1: Freedom of Religion, Speech, and the Press

"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances."

Amendment 5 : Protection of Rights to Life, Liberty, and Property

"No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation."

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Judicial (Supreme Court and lower Courts):
1     Courts and judges make up the judicial branch of our government. There are three separate court levels in this branch, District Courts, Court of Appeals, and the Supreme Court. The Constitution created the Supreme Court and gave the power of establishing other courts to the Congress. In 1789, the first Congress used this power to establish the district and appeals courts – called the lower courts.

2     The power given to courts to interpret the law is called jurisdiction. The jurisdiction granted to the judicial branch is limited to federal and constitutional laws. The federal courts hear cases where a person or group disobeyed the constitution, violated a treaty, committed a crime on federal property, or broke a federal law. They also hear cases when a citizen from one state sues a citizen of another state. The federal courts also hear cases when a foreign country accuses a government official or U.S. citizen of a crime against their nation, or a person commits a crime on a U.S. ship at sea.

3     The lower courts' decisions in these cases set precedent. The lower court judges are required to give legal reasons for their decisions. Precedent sets an example to follow for future cases with related subjects. The decisions reached in these courts can have a significant effect on the citizens of our country.

4     There are ninety-four U.S. District Courts, with at least one in each state, one in Washington, D.C., one in Puerto Rico, and one in each of three territories – Guam, U.S. Virgin Islands, and Northern Mariana Islands. Each of these courts has jurisdiction over the cases in these areas.

5     There are two sides to every disagreement brought before the courts. The respondent is the person or group accused or sued. The petitioner is the side who accuses or sues. Both sides usually have an attorney to present their arguments before a judge and jury. A respondent can waive his right to a jury and choose to have a decision made by the judge alone. Each attorney has the opportunity to present the facts and laws that support their client's argument. After the information is presented, a verdict is reached. If the verdict is unfavorable, the case can be reviewed by the appeals court.

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Executive (President and about 5,000,000 workers):

Being able to veto, or reject, a proposal for a law.

Appoint federal posts, such as members of government agencies.

Negotiate foreign treaties with other countries.

Appoint federal judges.

Grant pardons, or forgiveness, for a crime

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1. The ability of the Supreme Court to declare that a law duly passed by Congress and signed by the President is null and void because it violates the Constitution.

2. The ability of Congress to remove the President from office for "high crimes and misdemeanors".

3. The requirement that appointments to the Supreme Court be proposed by the President and accepted by the Senate.

4. The ability of the Supreme Court to order the President to act in a specific way against his will.

5. The immunity of a member of Congress from arrest.

6. The ability of the Federal Courts to order the release of an arrested person, regardless of who ordered the arrest.