Monday, August 3, 2015

Judicial Term Limits

Cromwell: I have evidence that Sir Thomas, while he was a judge, accepted bribes.
Duke of Norfolk: What? Goddammit, he was the only judge since Cato who didn't accept bribes!
--A Man For All Seasons

Should federal judges be appointed for life? Certainly not. Term limits should apply to judges as they do for other political offices.

The proposal here is to amend the Constitution to authorize fixed terms for federal judges. 10-12 years for Supreme Court justices, or perhaps renewable 6-8 year terms. Staggering terms would spread presidential appoints and reduce likelihood of court packing.

Personally, I would also like to see each prospective judge take an exam on Constitutional law and its application that included case-based analysis. Scores should be presented to the people ahead of the judge's term.

The exam questions and 'correct' answers themselves would surely elevate civil discourse on the law.

Term limits on judges would increase the likelihood of rule of law rather than today's discretionary rule facilitated by the bench.

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