Scotus

Discussion in 'Politics' started by Salty, Aug 30, 2014.

  1. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,131
    Likes Received:
    221
    Should the COTUS be amended so that Justices on the Supreme Court be limited in the time they serve by years served and/or age?

    Justice.......appointed..... age
    Roberts.......2005...........59
    Scalia.........1986............78
    Kennedy......1988...........78
    Thomas.......1991...........66
    Ginsburg......1993..........81
    Breyer.........1994..........76
    Alito............2006..........64
    Sotomayor...2009..........58
    Kagan.........2010...........54

    In 1776, the average age would be about 40

    In 1850 a 10 year old white male could expect to live to the age of 58
    In 2011 a 10 year old white male could expect to live to the age of 77

    Open for discussion
     
  2. carpro

    carpro
    Expand Collapse
    Well-Known Member

    Joined:
    Oct 14, 2004
    Messages:
    20,941
    Likes Received:
    296
    Leave it the way it is.

    As long as their minds are sharp, their experience is irreplaceable.

    I would be more willing to prohibit any president from appointing more than 2.
     
  3. Earth Wind and Fire

    Earth Wind and Fire
    Expand Collapse
    Well-Known Member

    Joined:
    Jun 5, 2010
    Messages:
    18,959
    Likes Received:
    96
    Not Obama...too late
     
  4. Jkdbuck76

    Jkdbuck76
    Expand Collapse
    Well-Known Member

    Joined:
    Jan 8, 2007
    Messages:
    2,263
    Likes Received:
    64
    Darth Vader-Ginsburg is 81!? Wow!
     
  5. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,131
    Likes Received:
    221
    Then what would you do if there were more than two vacancies? Lets say there are more than 3 years left before the end of POTUS term?
     
  6. Rolfe

    Rolfe
    Expand Collapse
    Well-Known Member

    Joined:
    May 17, 2014
    Messages:
    5,305
    Likes Received:
    394


    What was the average life expectancy at that time?

    If memory serves me right, many of the signers of the Declaration of Independence were younger than 35 years old in 1776.
     
  7. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,131
    Likes Received:
    221
    As I indicated in the OP - about 40
     
  8. carpro

    carpro
    Expand Collapse
    Well-Known Member

    Joined:
    Oct 14, 2004
    Messages:
    20,941
    Likes Received:
    296
    Run it with 8. It's been done before.
     
  9. preachinjesus

    preachinjesus
    Expand Collapse
    Well-Known Member
    Supporter

    Joined:
    Feb 9, 2004
    Messages:
    7,406
    Likes Received:
    99
    The check and balance of a lifetime appointment (barring impeachment and dismissal) is one of wisest parts of the invention of the SCOTUS.

    Keep it.
     
  10. Rolfe

    Rolfe
    Expand Collapse
    Well-Known Member

    Joined:
    May 17, 2014
    Messages:
    5,305
    Likes Received:
    394
    I misunderstood. I read 40 as being the average age of the population in 1776, not the average life expectancy.
     
  11. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,131
    Likes Received:
    221
    But that was based on a much shorter life span
     
  12. preachinjesus

    preachinjesus
    Expand Collapse
    Well-Known Member
    Supporter

    Joined:
    Feb 9, 2004
    Messages:
    7,406
    Likes Received:
    99
    Nope. It was based on the idea that members of the Court need to be above people holding their office over their heads. That they would be able to make decisions based in what is best for the country and Constitution and not on satisfying the electorate.

    There are a number of good resources out there to read on this point. I'm quite in favor of the lifetime appointment and think it is one of the genius inventions of entire checks and balances system of the framers.

    Ironically, the average age of the first 20 Justices, at the time of their passing is 68 years old. If you look at a list of Justices since the founding of this nation, and compare the ones who served until either death or retirement, you'll see remarkably similar lengths of term as which we find in the present day and age. Your argument simply doesn't hold up. What is truly interesting is how many Justices are retiring instead of dying in office these days.
     
    #12 preachinjesus, Aug 30, 2014
    Last edited by a moderator: Aug 30, 2014
  13. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,131
    Likes Received:
    221
    PJ,
    I thin we are both right. The Fathers did want a court that would make decisions based on what is best.
    However, since the average life span was about half what it is now - a lifetime apt was an excellent ideal.
    I just wonder what the founding fathers would have considered if the average lifespan was 70+ years.

    For Judges appointed prior to 1850 - the average time of service of 16.4 years.
    For our current court - the average time is service is 16 years. For the 3 appointed prior to 2000, there average is 23 years.

    I would recommend that Justice be on the court for max of 30 years - limit of one term.
     
  14. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,131
    Likes Received:
    221
  15. Baptist in Richmond

    Baptist in Richmond
    Expand Collapse
    Active Member

    Joined:
    Mar 2, 2003
    Messages:
    5,075
    Likes Received:
    4
    Roberts and Alito were horrible choices for the Supreme Court; nevertheless, they are on the bench. Can you imagine how bad it would get if there were age limits?
     

Share This Page

Loading...