The federal judicial branch of the U.S. government is out of control and needs to be reformed to protect the constitutional rights of American citizens. When over 70% of the voters in a state can vote to pass a new law only to have a single federally appointed judge declare the newly passed law unconstitutional, it is a direct affront to the American people and should not be allowed to happen. Or when the Supreme Court of the United States says that mentioning God in a public forum is also unconstitutional, it goes against everything the founding fathers stood for.
When the members of the Constitutional Convention wrote the Constitution of the United States, they opened the document with these famous words:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The basic and ultimate foundation of the government of the new nation was the people, not the leadership. Throughout the Constitution, Bill of Rights and subsequent Amendments, the rights and powers of the people of the United States was defined and protected.
To assist the people with their new nation, they established a three branch government. When they wrote Article III to establish the judicial branch, they never intended for it to become the most powerful branch of the government. In fact, the judicial branch was considered to be the least powerful branch and was initially designed to be a legal safety check to help keep the other two branches of government in line.
In Article I of the Constitution, they defined the role of the congressional branch which includes the Senate and House of Representatives. Article II established the executive branch. In both of these sections of the Constitution and subsequent amendments, it clearly defines the length of service in these positions: 2 years for a Representative, 4 years for President and 6 years for a Senator.
However, Article III does not establish a length of term in number of years for members of the U.S. Supreme Court or inferior courts. And no where in the U.S. Constitution or Bill of Rights or subsequent constitutional amendments, does it say that justices of the Supreme Court or inferior courts are appointed for life. What it does say is:
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,…
Something has to be done to reign in the out of control judiciary. Whether it be changing how they obtain their office, limiting their terms of office, or even limiting their powers, a change has to be made and it needs to be made now.
Since the ratification of the U.S. Constitution in 1787, there have been 27 amendments added to the Constitution. In 1804, the 12th Amendment was ratified which dealt with the manner of choosing a President and Vice-President. In 1913, the 17th Amendment changed the way U.S. Senators were elected. The 20th Amendment was ratified in 1933 which reset the terms of the President and Vice-President. And in 1951, the 22nd Amendment limited the number of terms a President could serve.
With these legal precedents already set in place, it is time we all urge our U.S. Representatives and Senators to pass a new Amendment to the U.S. Constitution (Amendment XXVIII) which should read something like this:
A. Limit the terms of office of all members of the federal judiciary to 3 year terms, not to exceed 2 consecutive terms. Since the current U.S. Supreme Court consists of 9 members, the terms would be staggered so that each year, 3 seats on the Court would be up for appointment.
B. Limit the powers of the federal judiciary so that it cannot nullify the will of the majority of the people. Based upon the Preamble of the Constitution that opens with We the People, the ultimate power needs to be with the people and not the courts.
C. Provide for a public review of all federally appointed judges and courts. A single webpage would be created on the Internet that would regularly monitor all federal courts and rulings and the judges involved in those rulings.
D. Provide for a means to uphold Article, III, Section 1 of the U.S. Constitution that states: The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour. When a member of the federal courts are not acting in good behavior or for the will of the majority of the people, that said member of the federal court be subject to immediate review by the U.S. House of Representatives. Said review would follow the same rules of impeachment as laid out for other federal offices in the U.S. Constitution.
America can no longer afford to allow federal and Supreme Court justices to promote their personal agendas against the will of the people of the United States. Judicial reform is not only necessary, but has been mandated by the actions of so many liberal judges.
If you are in favor or enacting a constitutional amendment, then contact every member of the U.S. House of Representatives and U.S. Senate urging them to enact on a new Constitutional amendment to limit the terms of office of all federally appointed justices including the U.S. Supreme Court.