Three Democrats in the U.S. House of Representatives have responded to the impeding appointment of Judge Amy Coney Barrett by proposing a bill that would limit the terms of office for Supreme Court justices.
The legislation would exempt the justices currently sitting on the Supreme Court, but it would limit all future justices to 18-year terms. It would also allow every president to nominate two justices per four-year term.
“It would save the country a lot of agony and help lower the temperature over fights for the court that go to the fault lines of cultural issues and is one of the primary things tearing at our social fabric,” said California U.S. Representative Ro Khanna, who plans to introduce the legislation on Tuesday, along with Representatives Joe Kennedy III of Massachusetts and Don Beyer of Virginia.
Many Americans support limiting the terms of office for members of Congress, and large percentages also support term limits for the Supreme Court. But there's a problem with the Democrats' bill, and it demonstrates a troubling ignorance of constitutional law.
According to the Constitution, Supreme Court justices serve on the high court "during good behavior.” That's the only requirement, and the passage has always been interpreted to allow for lifetime appointments.
Term limiting the Supreme Court will require a constitutional amendment, and proposing and ratifying an amendment requires the broad support of the American people. Amendments are proposed either by 2/3rds of Congress or at a Convention of States, and amendments are ratified by 3/4ths of the states.
Proposing such a drastic change via congressional statute would likely be ruled unconstitutional, and it demonstrates once again Congress's disregard for the Constitution and the will of We the People.
If federal officials see something they want to change, they don't believe they are limited by the Constitution or rule of law. They'll attempt to ram through their agenda, and they won't let law, precedent, or We the People stand in their way (see: Obamacare).
Fortunately, there is a massive group of patriots working tirelessly to propose constitutional amendments the way the Constitution requires.
Over 4 million Americans have voiced support for the Convention of States Project, and over 1.7 million have signed the Convention of States Petition. These patriots are working to call a Convention of States in the manner the Constitution prescribes: by encouraging 34 states to pass a resolution calling for a Convention of States.
Once 34 states call for such a convention, the states will meet to propose amendments that limit the power of the federal government, mandate term limits for federal officials, and impose fiscal restraints on Congress.
These amendments will then go back to the states, where they must be ratified by 38 states.
This is how constitutional changes are supposed to happen in our country. Not by congressional fiat but by the efforts of grassroots America. To join the movement, sign the Convention of States Petition below!
