It is high time we had a Constitutional Amendment to create a merit retention ballot system for US Supreme Court Justices. (Note: Merit Retention balloting means voting to "keep him, or fire him". Justices don't "run" for their seat as congressmen do, they either get retained, or the seat becomes vacant, depending on how the people vote.)
The ballots would be voted on every 4 years in presidential election years and all justices would be voted on every time provided that they have been in office for at least two years.
A yes or a no vote would be cast. If more no votes are cast then yes votes, then the justice would be replaced by a new justice appointment by the President.
Each state shall calculate their votes for the list of justices for retention (yes) and not for retention (no) for their state and transmit the list to the Vice-President who shall inform the Senate of the votes for each state, each state shall have one vote for each justice and the Clerk shall report the total state votes for each justice and the larger of the vote for each justice (yes or no) shall carry. The Senate shall then inform the Supreme Court and the President of the results of the vote. The President shall then appoint a new Justice in place of each justice that fails the retention vote in the same manner as with any other vacancy on the court.
The ballot would read as follows:
Should Justice (name), appointed in (year), be retained in office? Yes[ ] ______ No[ ]
Ideas? Changes? What say you NewsBusters?



















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Hey Brit... Interesting
June 13, 2008 - 14:03 ET by bigtimerHey Brit...
Interesting idea's...something has to be done, but I can't really say if I like what you propose either...I have to think about it some more.
Cannot SC Judges be impeached? Does anyone know? I know it is a dumb question I suppose or quite a few of them would of already been by now...bad enough what the do with abortion, private property rights ect, but what they did yesterday was beyond outrageous to me.
"Never murder your opponent when he is committing suicide." ~ W. Wilson
Big
June 14, 2008 - 01:18 ET by BritcomYes, In theory, Supreme Court Justices can be removed by Congress in a process virtually identical to impeachment of the President. But in practice, Congress has never removed a Supreme Court Justice in this manner and has only tried to once. Here is what it takes:
To me the impeachment process is too difficult to begin and too difficult to obtain a conviction. The Constitution says
It doesn't really address the problem of Justices legislating from the bench, perverting the law or the precedents, or of incompetence or senile dementia. We need a better system that keeps justices in line under fear of removal, and one that better checks the power of the Judiciary and their clever abuses.
This idea reflects my knowledge of the system used for judges in Florida. I know some other states have elected judges, but I don't like the idea of making judges run for office, take campaign donations, and pander to interest groups. I prefer Presidential appointment, but with some sort of of recall option if the judge goes bad or turns out to be incompetent or corrupt. I would also entertain the idea of term limits for Justices. Perhaps eight or ten years and then out. But there has to be something to stop the abuse.
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Communist vs. Statist '08
Q. Is Panamanian born John McCain a "Natural Born Citizen"
Intriguing, but...
June 14, 2008 - 06:19 ET by UnsaneScrew that. We can barely get people to vote anymore.
I say that if we don't like a particular direction a justice is going, or if he just makes stupid decision after stupid decision, the Constitution DOES allow for the removal of justices. If the electorate were to apply the pressure to the Congress to take action, then we could get somewhere. But, as hardly anyone wants to do that, we get tons and tons of crap (AND act surprised).
Res tantum valet quantum vendi potest.
I had an idea to work around the court for the interim
June 15, 2008 - 05:49 ET by BritcomSince the President has the executive power, why can he not issue an executive order to the justice department giving immunity to everyone in the executive branch and the military with regard to this
supreme court ruling and if necessary issue pardons to anyone convicted under the ruling or held in contempt because of this ruling.
Also, why can the Congress not pass a law limiting the jurisdiction of the Supreme Court and the lower courts to persons within the territorial limits of the United States. Persons without the territorial limits of the United States (including US nationals) would then fall under the Military Courts jurisdiction.
Any judge who demanded the presence of an enemy alien not within the territorial boundaries of the US could then be ignored by the Military and the entire executive branch.
Thoughts?
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Communist vs. Statist '08
Q. Is Panamanian born John McCain a "Natural Born Citizen"
Curiously...
June 18, 2008 - 02:15 ET by UnsaneCuriously, in every passport issued, we are admonished that "when traveling in a foreign country, you are subject to its laws." Meaning that there is a limit to the Constitution (the borders of the United States) and its protections...right???
Res tantum valet quantum vendi potest.
Yes and no
June 18, 2008 - 04:50 ET by BritcomThe United States Constitution does not have effect on foreign soil, except that US Citizens are currently construed as still in the jurisdiction of US laws even while they're traveling abroad, and foreign nationals who have committed crimes against US assets abroad, or were conspirators of crimes that took place in the US even if they never entered the US, are subject to arrest and transport to US soil for prosecution.
I don't agree that all of that is in the Constitution, but the government seems to operate as though it is.
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Communist vs. Statist '08
Q. Is Panamanian born John McCain a "Natural Born Citizen"