SecondWar said:
Jaicee said:
I'm less certain. I think such a constitutional amendment, if proposed, would quickly garner the kind of immense public support that would render it hard to stop. I think the public is very tired of the Supreme Court being a function of the presidency. Conversely, I think the public is much less open to the kind of overt court-packing that defines an agenda to arbitrarily increase the number of Supreme Court justices. |
It would however make the appointees significantly more partizan though, and potentially have the top rung of the courts/legal system filled by people with no legal knowledge or training, |
It's completely partisan as things are. People already vote for presidents with a partisan understanding of what sort of people the president will nominate to the Supreme Court. The difference is that under my proposed regime, we could unseat those justices after they start issuing unpopular rulings, whereas under the current system, they have lifetime terms, which is significant considering that their verdicts are final and cannot be appealed.
Now that said, I think it might be prudent to do what Nebraska does with their legislature and ban party primaries for judicial elections. Nebraska has a unicameral (i.e. one-chamber) legislature whose members are elected through a non-partisan "top two" primary system. We could do something like that for judicial nominations, eliminating party primaries from the process and thus minimizing political polarization of nominees. I think that would be a reasonable safeguard. In fact, I think it'd also be a better way to run Congress and presidential nominations as well. I'm okay with just banning party primaries from our political process entirely. And I'm also in favor of the national initiative (i.e. allowing people to place policy proposals on the ballot for a direct popular vote at the national level like we do at the state level typically) and for the allowance of national-level recall elections like many individual states permit (this avoids dependence on the impeachment process). I'm in favor of more lower-case D democratic and less partisan ways of doing things in general.