Constitutional Fixes #1

When I was in college, I recall reading that the United States Constitution was the best of its kind. That sounded so good back in the Cold War days. Time has proven the errors in what I was taught. Its weaknesses have been exploited by the Republicans and especially the Trumpists until they threaten our democracy. The United States Constitution needs amendments.

With the Supreme Court decided it was time to return to the 90s, 1890s, I am going to start with the judiciary. I thought of this over the past 12 years.

Jacobin published some short term solutions in its 5 Things Democrats Can Do About the Supreme Court’s Unchecked Power. Mine are not short term solutions.

1.  Term Limits. Change the maximum time for a person to hold a federal judicial position to 25 years in aggregate unless removed for bad behavior. Emphasis on aggregate - one may hold a district court judgeship, and an appellate judgeship, and be a Supreme Court Justice for a total of 25 years. The federal judiciary has become a careerist, incestuous institution. By making the limitation in the aggregate, the pool of applicants would have to expand beyond judicial insiders.
2. Amend the Constitution to Increase American Rights. The Jacobin article wants to legislate. Legislation can be reversed by a subsequent legislature. Packing the court only continues the dysfunction of the Senate and American politics. I keep flogging this idea. I almost feel lonely doing so. Another time I would have found this depressing but the country and our politicians have let the amendment process atrophy so that they could rake in political contributions. Continuing on this path will take us to ruin.

Jacobin also had a link to an older article, How Abraham Lincoln Fought the Supreme Court, and it has an idea I think might be profutable:

Probably the most popular idea — maybe even more radical, in its way, than court packing — was a plan to “reorganize” the entire federal judiciary on the basis of the circuit court population.

 No details are given. We now have 11 Circuits (not including DC). Would we need to expand the court? How to apportion the Supreme Court? District Courts could be easier. But one objection comes to mind - would this help anything with current demography? Installing recall voting might do the same thing but then how to do this at the appellate levels?

Food for thought for whoever finds there way here. Comments are welcome. Passing this along is also welcome. A change is needed.

sch 6/30/22