10 Comments
User's avatar
Dr. Mha Atma S Khalsa's avatar

I think this is a good well reasoned argument. However, reforming the Supreme Court is an extremely urgent matter and while requiring term limits would be great for the long term, it would not help the current extreme threat to Democracy and to the Constitution itself. So besides this good idea about non partisan amendments, it is urgent that as soon as Democrats take over Presidency and both houses of Congress (hopefully 1/20/29) they must immediately expand the Court (which does not require amending the Constitution) by at least 4 justices and ideally much more than that--all appointed and confirmed (get rid of filibuster) right away. Minority voters greatly harmed by the destruction of the voting rights act, women greatly harmed by the Court's Roe overturn, and all Americans greatly harmed by many other outrageous decisions cannot wait generations for term limits to change the Court!

Edward M Funke's avatar

The President is the commander in chief; that kind of implies authority.

Octavio Bannach's avatar

Maybe we could have used this to stop George Bush (with the support of Bill Kristol) unconstitutional war.

Glenn F Widener's avatar

Authority to conduct a war, but only after Congress declares it. The clear words of rhe Constitution dictate this separation of power, and few points were more strongly emphasized by the anti-king founders.

One Voice Team's avatar

What this highlights, at least for me, is how much of the focus is on structural fixes—like amendments—once problems become fully visible.

But it’s much harder to see how public concern builds before that point.

A lot of people may already share similar priorities around issues like accountability or institutional reform, but those perspectives tend to remain scattered rather than accumulating into something visible over time.

It raises a question about whether part of the gap isn’t just what changes we pursue—but how we make shared priorities visible early enough to shape them.

Alex Nowrasteh's avatar

The SCOTUS term limits would make the branch far less effective, which would be bad because it's the only one working fairly well. If every president could name two justices then they would name the justices during the election and they would campaign for the candidate. The justices selected through that process would be much worse than the ones we can currently expect. No way thoughtful jurists like Kagan or Gorsuch would be selected if there were term limits.

Andy Craig's avatar

Trump already did campaign on a list of Supreme Court candidates, and Biden campaigned on promising to appoint on demographic criteria. And presidential candidates have been campaigning on Supreme Court appointments as an important reason to vote for them longer than that. It was certainly a hot issue in 2016. Everyone already knows it's likely most presidents will get at least one appointment (last who didn't was Carter). Voters don't necessarily care about the individual names being firmly pre-announced, and presidential candidates wouldn't necessarily want to tie their hands that much. But voters do already expect solidly liberal or conservative appointees from their respective parties. Overt politicization is also baked into letting justices strategically time their retirements, which they do on an obviously partisan basis (or else are subjected to heavy partisan pressure to do it). I'm not sure the current Court is exactly the pinnacle of America's most thoughtful jurists, either. And the incentive to pick somebody as young as you can get away with doesn't help on that front.

Ken's avatar

Would like Amendment to Constitution that gives each State 3 US Senators - 2 chosen by the people and 1 by State legislature. State legislatures should be allowed to fire US Senators they choose whenever they want and pick replacements. State legislatures would again have a say on Declaring War, military draft, Judges on US Supreme Court, tariffs, federal taxes, immigration, etc. State legislatures would be better able to fire the President.

Would like Amendment to Constitution that fixes Electoral College. Winner of a state gets 2 electoral college votes and winner of Congressional districts gets 1. Current electoral college system and popular vote for President both provide huge benefits for violence at polling places, ballot stuffing, voter suppression. Popular vote for President would decease odds Presidents would care about states low in population like NH.

Would like Amendment to Constitution - the only pay that Judges on US Supreme Court, federal judges, State Supreme Court Judges, President of the United States of America, Vice President of the United States of America, Speaker of United States of America, members of Congress, Secretaries of Federal Department should get is their pay for the position. No more domestic emoluments. No more foreign emoluments worth over $100. Foreign emoluments will continue to need the permission of members of Congress before they may be taken. Gifts from non family members have to be under $100. They may receive military pensions and state government pensions. Pensions from companies should be held in trust until after leave office.

Would like Amendment to Constitution that says when a Treaty conflicts with Bill of Rights or other parts of Constitution that part of Treaty is not constitutional.

Would like Amendment to Constitution that gives US House of Representatives Advice and Consent on Treaties.

Would like Amendment to Constitution that gives State legislatures the power to nullify, federal laws, federal regulations, Treaties.

Would like Amendment to Constitution that gives the people the power to nullify, federal laws, federal regulations, Treaties.

Would like Amendment to Constitution that gives State legislatures power to pardon federal crimes.

Would like Amendment to Constitution that gives States legislatures power to pardon state crimes.

Would like Amendment to Constitution that gives US Senate power to pardon federal crimes and state crimes.

Would like Amendment to Constitution that gives US House of Representatives the power to pardon federal crimes and state crimes.

Would like Amendment to Constitution that gives people the power to pardon federal crimes and state crimes. Innocent people have received death penalty.

Would like Amendment to Constitution that gives State legislatures the power to fire President, Vice President, Speaker of US House of Representatives, Secretary of State of USA, Judges on US Supreme Court, Secretaries of Federal Departments, Director of FBI, Director of CIA.

Would like Amendment to Constitution that gives the people the power to fire President, Vice President, Speaker of US House of Representatives, Secretary of State of USA, Judges on US Supreme Court, Secretaries of Federal Departments, Director of FBI, Director of CIA.

Would like Amendment to Constitution that gives the people the power to fire their US Senators, their Representatives to US House of Representatives, Governors, Mayors, Aldermen, members of School Boards, members of State legislatures. When the people fire US Senator chosen by State legislature, State legislature chooses the replacement. The people pick the replacements for US Senators and others they elected via elections.

Would like Amendment to Constitution that gives State legislatures the power to fire US Senators and Representatives to US House of Representatives the people pick. The people would pick the replacements via elections.

Sincerely,

Kenneth Scot Stremsky

187 Poplar Street

Manchester, NH 03104

603-647-5898

John Michener's avatar

While not preserving mercy, the simpler approach with respect to pardons is to remove the presidential pardon power and retroactively revoke all pardons. Given the political misbehavior it may prove all but impossible to provide wording for a pardon power that cannot be misinterpreted by political or legal actors.

As for gerrymandering, you need to move to some form of proportional representation - and that has its issues as well. Lesser, but still problematic.

Frog H Emoth's avatar

Behold! There should be an amendment prohibiting gerrymandering