Ok, please explain to me what powers are conveyed, and to who, in Article III, Sections 1 and 2, because we clearly have wildly different understandings of their meaning.
Rivalarrival
joined 1 year ago
Please use the word "powers". The government does not have "rights".
The clauses you say don't exist are Sections 1 and 2 of Article III.
That would require a constitutional amendment, and with a change that radical, it would pretty much require a new constitution.
After all what would happen if three of them dropped dead right now?
Ok, before I answer that question, I'm going to rewind a few years. It's 2019 again. Trump is in office. But this time, three justices have just died. I'm ignoring actual SCOTUS deaths and retirements, and just assuming the three hypothetical deaths/retirements, and any statutory appointment required by our systems. I'm doing this because I'm assuming if you are pissed about the state of the court today, you're probably pissed at the person primarily responsible for it's current makeup.
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Under the status quo system, Trump gets to make three more appointments. There was no statutory appointment prior to this, so he only gets to appoint three justices. Trump has appointed 33% of the court.
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Under your system, (as I understand it), the most senior justice in 2017 was forced out and replaced. In 2019, the next most senior justice was forced out and replaced. Now, if your system follows the same rules as the status quo system, Trump gets to make three more appointments to replace the dead justices. 5 of the 9 justices have been appointed by Trump, and the first of them isn't forced out until 10 years later. Trump has appointed 55.5% of the court.
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Under the system I described, Trump appoints two candidates. The size of the court increases from 9 to 11. Trump has appointed 18% of the court. Then, three candidates die. The court falls to 8, but Trump doesn't get to fill any more seats. Trump's appointments now account for 25% of the court.
My suggestion would work better than any other solution out there and guarantee a slow but steady turn over in the court.
As I have demonstrated above, your solution does not "guarantee" slow turnover. In the scenario discussed, turnover was rapidly accelerated relative to the status quo. The president was able to completely install a brand new majority due to the effects of your forced retirement.
Consider another scenario: the court is 5/4 conservative/liberal in 2016, and two of the liberals are senior. Trump replaces them. The court is now 7/2. Now, the original 5 conservatives also retire. Under existing rules, Trump gets to replace them as well. The court is still 7/2, and the liberals are now senior.
Biden is elected in 2020. He gets to replace the two liberals. The court is still 7/2 conservative, but now the liberals are junior. Harris wins in 2024. She finally gets to replace a Trump appointee, but the court is still 5/4 conservative in 2028. The court doesn't shift back to liberal until 2030, and then only if Harris wins re-election in 2028.
As you have described it thus far, your system is far worse than what we have now in terms of "guaranteeing slow but steady" change.
My solution actually does achieve such change. The longer the justices stay on the court, the less power any one of them holds, as they continue to hold one vote among a growing cohort. At the same time, however, the president is regularly inserting new voters into that cohort.
What I've described could (mostly) be enacted without a constitutional amendment. The basic idea of removing the fixed size and having the president appoint one candidate every two years iswell within Congress's authority to enact.
Some of the minutiae, such as the line of succession, or circuit court judges temporarily serving on the supreme court might not currently be constitutional.
I'm glad you mentioned insulin pumps, because there is a community of developers working on pumps, making them available to a broader audience, providing more people with better control over their blood sugar levels than manufacturers are willing or able to provide on their own.
What you are arguing for is a threat to systems like OpenAPS, and to the people who benefit from them.
What happens when three justices retire in one term, or the senior justice dies right before being forced out? Do we still force out two more justices? We obviously can't shrink the court each time, so either we don't force a justice out when we normally should, or we give the president an extra appointment. Neither seems like a good option.
Eliminate the fixed size of the court entirely. We don't need to define 9 or 15 people.
Every presidential term, the president appoints two new candidates, 9-15 months after the presidential election, and 9-15 months after the midterms. We do not fill any vacated seats.
That resolves the problems with multiple seats unexpectedly swinging on a small court, and limits the effects a single president can have on the court. Yes, the numerical swings can be as large, but the percentage swings will not be; the court will likely fluctuate between 15-20 justices.
Now to fix the Senate playing games...
First, we establish a line of succession with the circuit courts. The chief judges of the circuits, in line of seniority, then every other active judge. Every case before SCOTUS requires at least 6 justices to hear the case. If the court falls below 6, the next judge in line is automatically elevated to the court. If the court is larger than 6, but due to recusals or abstentions, fewer than 6 are able to hear the case, the next judges in line are automatically, but temporarily elevated to hear that case. Only when we have exhausted all judges from the district courts does the president get additional, temporary appointments.
Any appointment to the circuit court requires senate confirmation. After we enact this, any judge confirmed to a district court could (eventually) find themselves on the court. Their confirmation thus includes the (remote) possibility that they will be elevated to the court. So any circuit court appointment after this goes into effect also serves as a SCOTUS confirmation.
When it comes time for the president to appoint a candidate to SCOTUS, anyone who has previously been confirmed to the line of succession can be immediately elevated to the court, without needing additional confirmation.
Where the president and Senate are sympatico, the president can choose anyone they want. When they are at odds, the president still has a list of pre-approved candidates the Senate can't block.
People repair their brakes wrong all the time. It's absolutely caused accidents.
It also allows end users to install parts superior to OEM, improving braking capabilities, and preventing accidents.
Any automotive technician can tell you that manufacturers take engineering shortcuts, resulting in a product with certain deficiencies. The manufacturer's motivation is to put out a product that widely appeals to the general public. They want nothing to do with a product specifically tailored to the needs of a particular individual.
We probably shouldn't let people repair their own brake pads
What kind of auth-dystopian nonsense is that?
Repair an insulin pump the wrong way and it will absolutely kill you
You're just as dead if you can't get that insulin pump repaired or replaced because the manufacturer won't or can't support it. When they go bankrupt because other customers have sued them into non-existence, you still own the device they manufactured, and you still need it repaired.
Further, you presume the manufacturer can provide the best repairs. It is entirely possible and plausible that a competing engineer or programmer can improve upon the device, rendering it safer or providing superior operation. Car Mechanics can install a better braking system than the cheap, generic calipers and pads provided by the factory. Repair technicians can replace generic parts of medical devices allowing superior operation.
Civil tongue, please.
It seems to me that any disagreement as to who should be interpreting the constitution would be a "[Case], in Law and Equity, arising under [the] Constitution, the Laws of the United States..."
Sections 1 and 2 do, indeed, empower someone to address such a case, such a disagreement: the "inferior courts" and the "Supreme court".
If you have no disagreement, you can let your HOA or the local parks and rec department interpret the constitution for you. It's only when you have a disagreement that anyone cares who has that power, and in such cases, Section 2 says that SCOTUS has jurisdiction to rule on that case.