Supreme Court Retention System

Words: 676

Pages: 3

Open Document

Following the 2015 Supreme Court decisions regarding the Affordable Care Act and same-sex marriage , Presidential candidate and Texas Senator Ted Cruz wrote: "the time has come, therefore, to recognize that the problem lies not with the lawless rulings of individual lawless justices, but with the lawlessness of the court itself." The solution offered by Senator Cruz to address the lawlessness of the court was to subject the Justices to a national retention election. Life-tenure, in the eyes of many, is one of the fundamental problems with the Supreme Court. Many, including Cruz, have focused specifically on life-tenure at our highest Court. There has been less focus on reforms to the entire Article III Judiciary as it currently stands. However, the same problems that face the Supreme Court also seem to face other Article III …show more content…
This paper proposes to change Article III, which would address the issues of not only the Supreme Court but of all Article III courts. In borrowing from the success of systems adopted by the States, this paper proposes the implementation of a retention system for federal judges and justices, achieved through retention votes held in the United States Senate. As drafted, this system allows for a more democratic process in which elected representatives will be able to support or oppose retention per their constituents' views. The proposal is careful to balance the necessity for an independent judiciary by keeping a high standard for rejecting the retention of a federal judge. Given that similar issues face both the Supreme Court and lower federal courts, it is believed that the public's support for the elimination of life-tenure will extend to support for reform to the entire Article III judicial body. By reconstructing the entire Article III judicial body, this proposal addresses the fundamental issues of politicization of courts while avoiding damaging the independence of

Illinois Judicial System

compare the judicial systems of Missouri and Illinois, since Illinois is my home state. Both the state of Missouri and state of Illinois have three levels of courts. The names of the courts in Illinois are not similar when compared to Missouri. Missouri’s three levels of courts are called the Supreme Court of Missouri, the Missouri Court of Appeals, and the circuit courts. The Supreme Court of Missouri is the highest level of court in Missouri and it supervises all the other courts below it. The…

Words 834 - Pages 4

Griggs Vs Duke Power Company Summary

obtaining occupational success. A. Procedural History The district court ruled that a former discrimination policy had concluded with the passing of the Civil Rights Act of 1964. Duke Energy did not have any residual discriminatory polices. They also agreed that the tests were fair to administer and did not discriminate. The court concluded there was no evidence related the tests or the educational requirements to a specific…

Words 529 - Pages 3

Election Reform Research Paper

Although we do have a Due Process Clause, this situation is making many people think that the court system could be corrupt. The last hope that this system has is for Congress to step in. Congress would need to create a disqualification rule for any elected judge hearing cases from campaign contributors. They would then need to use the powers of Section 5 in the Fourteenth Amendment and use the Supreme Court's…

Words 1429 - Pages 6

Unocumented Students

year (Ortiz & Hinojosa, 2010). In these school systems, school leaders and society impose the idea to future generations of students and their families that education is the key to success in the United States. However, education is only covered by the U.S. government until a student reaches their senior year of high school. Upon receiving a high school diploma or GED, students are eligible to apply and enroll in to two-year and four-year…

Words 615 - Pages 3

Essay On Teacher Evaluation Performance

based on locally negotiated evidence of teacher effectiveness. Subsequently, NYSUT went to court to challenge State Education Department regulations that were not consistent with the law. A state Supreme Court decision largely in the union’s favor was then challenged by SED. The settlement between NYSUT and SED that was announced a few months ago resolved the court case that prevents any adverse higher court actions and blocks the governor’s imposition of his own evaluation law through state aid.…

Words 669 - Pages 3

Essay on Courts: Jury and United States

Courts The Judicial Process There are many components that make up the judicial process. If someone wanted to know the key parts of the judicial process I would start by telling them the types of laws and what they mean. When it comes to laws there is common law and there is statutory laws are the types of laws that are applied here in our judicial system. The next component of our judicial process is the staffing of the courts, which can be made for the…

Words 3416 - Pages 14

Supreme Court of the United States and Brandt the Judiciary Essay

Patrick Brandt Constitutional Basis for Courts • Constitution only creates the Supreme Court – others were established by Congress shortly after. • Congress can create “inferior” courts as it sees ﬁt. Examples: District and Appeals courts, Bankruptcy Court, etc. • Courts are a primary example of federalism: courts exist at both levels and enforce the same laws of the nation (state and federal), and the laws of states (state courts). • Courts stand in a pyramid structure at the state…

Words 2527 - Pages 11

Edward Snowden Is A Hero Essay

assure national security. These programs, principally run by the NSA, which is violating the fourth amendment. The USA is a republic. By definition it must be run for the people. The people previously had no knowledge of a nationwide surveillance system. Snowden unmasked a government that is unconstitutional and become a hero. There are many unlawful things that are happening without the citizen knowing and for Snowden to come out and exposed the government, he is the true hero. “The N.S.A. has…

Words 585 - Pages 3

Australian Criminal Appeal Law

SA 22 Mar 2013, 11:10 am - Source: Karen Ashford, SBS The most significant changes to Australia's criminal appeal laws in a century have been passed in South Australia, setting a precedent for reform which could flow all the way to the High Court. South Australia has passed reforms to allow prisoners a second chance to appeal their convictions in the case of compelling new evidence. Until now, people convicted of an offence have had a single right of appeal, and once that appeal is exhausted…

Words 3101 - Pages 13

Mis Chapter 5 Essay

the data inflation chart, it gives us the name of the data which increase by degrees, the range and definitions of these data. (3)A different game: -This article gives some examples to illustrate that how those famous companies use information system to deal with the problem, and companies should start managing their data. -I found out that the new web-services platform has speeded up the process of the companies’ services, so the technologies change the fate of companies. (4)Clicking for gold…

Words 880 - Pages 4