Constitution of the United States
Loading ...Key Issues in the Supreme Court Term Limits Debate
Arguments For Term Limits
- Modernization: Life tenure was established when life expectancy was shorter
- Reduced Political Games: Could reduce strategic retirement timing
- Regular Refreshment: Ensures regular infusion of new perspectives
- Accountability: Creates natural transition points without impeachment
- Reduced Stakes: Could decrease partisan battles over nominations
Arguments Against Term Limits
- Judicial Independence: Life tenure protects from political pressure
- Constitutional Change: Requires constitutional amendment
- Experience Loss: Could reduce institutional knowledge
- New Political Pressures: Might create post-service career influences
- Historical Precedent: Breaks with long-standing tradition
Implementation Questions
- What should the term length be (commonly proposed: 18 years)?
- Should terms be staggered to maintain court balance?
- What should happen to current justices?
- Should there be post-service restrictions?
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