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The issue of U.S. justices serving in the Supreme Court for a lifetime has been a debated topic for years. While our forefathers who created the Constitution had their reasons for lifetime service, Americans today have different views regarding the issue. Government officials who serve as the Supreme Court Justice hold great power, not just because of the judicial review, but also because they are isolated from the American people as they hold lifelong terms in office and are unelected. To appoint someone to the Supreme Court, it is one of the most important decisions a president makes.
To form an opinion, one must understand the reasons behind why such a thing was created. According to Michael Meltsner; a Northeastern law professor the intent of creating a lifetime service was to insulate or protect the justices from biased and discriminatory politics. Once the position of the justice is confirmed, they are no longer obligated to anyone. It was put into the Constitution to preserve the total independence of the judiciary, explains Meltsner. Like everything else, there are many pros and cons to this position. An advantage of having a lifetime appointment for these Supreme Court Justices is that they are free to declare rulings based on the law, rather than political favor and the swaying through public opinion. What this means is that many times, Candidates often try to attract voters by drawing the platform towards their political ideals, which are far from the parties campaign ideas in favor of a vote. Having a lifetime position prevents this from happening. Another advantage is that because of their lifetime position, it brings consistent decisions rather than different perspectives and different conclusions. Having a steady court is more necessary than frequently upsetting the balance.
When the Constitution was written in the 1800s, the life expectancy of a white male was just below 50 years, today the average expectancy is 78 years. With that being said the position of a Supreme Court justice is longer than it was, resulting in more problems. Having a term limit would avoid judges from working beyond the point of being unable to do the job. This would help eliminate judges with mental infirmity and loss of stamina, making sure the judge is able to make the very best decision for the country. A disadvantage of a lifelong service is that the president typically nominates the younger candidates due to staying longer, having more influence thus insuring a tilt towards their ideology. Having a term limit would avoid age being a factor, therefore, being a possibility for someone more knowledgeable and experienced to come into the office. Another disadvantage of having a lifelong profession is that many times the retirements of the judges are politically motivated meaning the judge waits for a president that is of their political party. This is done so the president can appoint someone who reflects the same values and ideology. Having a term limit would avoid this from happening.
All in all, there will always be pros and cons to every situation. In this situation, the cons weigh out the pros. I think Supreme Court judges should have term limits, like any other position in the government. Giving a lifetime appointment to any position is giving too much power to dominate the court. The power that is far beyond their term. With that, I end with a quote by Sirimavo R.D Bandaranaike that comes to mind. History is full of examples of the disastrous consequences that came upon such nations that changed their constitutions by giving one man too much power.
Sources:
- Tinker, B. (2017, December 22). US life expectancy drops for the second year in a row. Retrieved July 1, 2019, from https://www.cnn.com/2017/12/21/health/us-life-expectancy-study/index.html
- Callahan, M. (2018, September 21). Why do Supreme Court justices have lifetime appointments? Retrieved July 1, 2019, from https://news.northeastern.edu/2018/09/21/why-do-supreme-court-justices-have-lifetime-appointments/
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