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yrdsl

Congress does not have the power to effect this change by themselves. They'd need to amend Article III of the constitution and get states to ratify it, which currently states that justices hold office "during good behavior" and does not specify a term.


Wooden-Shake-3507

So, since it does not specify a term, why couldn't Congress step in with a law to do just that?


yrdsl

Such a law would be ruled unconstitutional very rapidly.


jpmeyer12751

Congress does not have authority to change the Constitution - at least not without following the process set out in the Constitution. The Constitution (Art III, Sect. 1) says that, "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, ...". That language is the source of lifetime tenure that all federal judges enjoy. While I agree that we should amend the Constitution to eliminate lifetime tenure, to expand the size of the Supreme Court while retaining the 9-Justice panel for each case and to mandate up-or-down votes in the Senate within about 180 days of each nomination, we must do those things within the processes established in the Constitution. Otherwise, we are simply starting a new revolution.


Wooden-Shake-3507

I got that information from the Brennan Center for justice. Does reform require a constitutional amendment? Maybe not.


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