The Democrats’ TERM Act Is Unconstitutional
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The Democrats’ TERM Act Is Unconstitutional
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After the overturn of Roe v. Wade, Democrats are considering an array of ways to undermine the Supreme Court and reinstate Roe.
From The Federalist. On July 26, Rep. Hank Johnson, D-Ga., introduced a bill to end life tenure for Supreme Court Justices. The “Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act” proposes to end life tenure and create a system where justices actively serve for 18 years before taking senior status. Sen. Sheldon Whitehouse, D-R.I., is introducing the bill in the Senate….
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Article III, Section 1 of the U.S. Constitution vests all judicial power in the courts and states that “[t]he Judges … shall hold their Offices during good Behaviour.” This has long been interpreted to give life tenure to Supreme Court justices, as long as they are not impeached due to lack of “good Behaviour.”
How, then, does Congress think it can get away with passing clearly unconstitutional legislation? … The TERM Act requires a justice to assume senior status after 18 years. At this time, he will retain his title as a “Senior Justice” and will continue to be compensated, hear cases on lower courts, and serve on the Supreme Court should a vacancy or conflict with a current acting justice arise….
This method of forced semi-retirement seems to be fiction so leftist politicians can get around the language of Article III. Forcing judges into retirement to pursue fulfilling constitutional language on a technicality is dubious at best….
The liberal case for Supreme Court term limits is based on a flawed and dangerous desire to usher in a “regular turnover on [the] court and the renewal of democratic consent and input into the process of judicial review.” This “renewal of democratic consent” may sound nice, but it is clearly contrary to the American founders’ intent and the judiciary’s very purpose….
The democratic elements of government, particularly the legislature, which changes both its members and the laws quite quickly, tend to innovate, move quickly with the latest trend, and oppress opposition. This is precisely the reason federal judges were constitutionally granted life tenure.
The call for “renewal of democratic consent and input into the process of judicial review” is a dangerous attack on the separation of powers, on checks and balances. There is intentionally not supposed to be democratic input into how the judiciary functions. The judges’ jobs are to interpret the law, without regard for the latest trend among voters and popular opinion. Continuing to politicize the judiciary, to demand that the Supreme Court be more “in touch” and “with the times” is contrary to the very purpose of an independent judiciary. Judges need to be free from such popular constraints so they can do their job….
What do you think of the TERM act? Share your thoughts and prayers below.
(Excerpt from The Federalist. Photo Credit: Adam Szuscik on Unsplash)
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Comments
I think senators and congressmen, every politician should have term limits. Where do I sign up for that.
Father, turn out leaders hearts to you sand the Constitution they swore to uphold. We ask that 5 they would not succeed in this plan. Touch each voting heart with a desire to honor you and our constitution. We declare they would not be able to change things to fit their desires but to help out country wall in righteousness and peace.
According to article 5 of the U.S. Constitution , Congress doesn’t have the power to arbitrarily make changes to the Constitution . You have to ask yourself, if these elected officials deem it ok to change the definition of a vaccine and of a recession then why not good behavior. It appears that both sides of the so-called isle have lost touch with reality. We should look very close at the people that we choose to send to Washington D. C.
This is a direct attack on the Constitution of the United States and is solely for the purpose, and for this point in time, to attempt the removal of protections for the people and this nation by the Leftist regime. A regime that is in office solely by deception (including lying to the voters on their intentions and allegiances; ballot/election fraud tactics; misrepresenting EVERY piece of legislation in some way to fool the American people. This is being done by the same people that have sworn to ‘protect and defend’ the same constitution that they are continually attacking, threatening and undermining. In my opinion, ALL of these actions are clear instances of TREASON against this nation that was given to us by our Father God and founded on Jesus Christ. Therefore the arrest for treason of each of these (Pelosi, Biden, Schumer, Romney, Graham, McConnell, AOC, Ilan Omar, Milley, etc. etc.) should be undertaken by the US Military outside of Milley and the woke leadership. Each of their oaths are to the US Constitution and not to any of these individuals. Sorry but I am getting tired of this with no action by those who have sworn that oath in the name of God.
Psalms 33:10-12
This kind of “Democrat” malarky would require an amendment to our Blessed Constitution, which is never ever going to happen.
Thank you Father YahUaH for your insight and direction to our founding fathers to establish this great America on your Word! We Bless You and Praise You and give You all the Glory for ever and ever and ever!!!