To hear the pundits talk, it sounds like the Supreme Court will soon be deciding whether the United States of America will survive into the future or be cast aside onto a dust heap of relic governments that have failed to survive the pressures of some exigency or another. To hear them tell it, the many Justices will each cast their opinion based on the ideology of the President who appointed them to the high court. After all, they enjoy a lifetime appointment so they can do whatever they want when it comes to their decision. We should dig just a bit deeper.
Article III of our Constitution defines our Judicial Department and Section 1 brings us the following:
“The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”
I’m not seeing the “lifetime” word anywhere.
The truth is that the Justices must base any decision in the laws of our Nation as they exist and as they create the ambiguity from which the particular case under consideration originates. “The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour…” Can anyone think of a better example of bad behaviour than for a Justice to randomly and capriciously render an opinion based solely on the ideology of the President who appointed them to the bench? Any Justice who renders his or her opinion according to something other than “good behaviour” should expect to find Articles of Impeachment influencing their immediate future.
The Sausage Grinder is Broken, will you help to fix it? If you haven’t read A Broken Sausage Grinder; Is Our Government Fundamentally Flawed?, you’re not prepared for the job.
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