June 13
Article I - On the Preamble
The notion of “forming a more perfect union” suggests that the Founders understood that this nation and its constitution were, and are, works in progress. This idea deserves ongoing attention, and especially so in a period of history in which the Supreme Court has shown unmistakable signs of acting contrary to the “general welfare” and the common good. Of particular concern are the interpretive traditions known variously as “originalism”, on the one hand, and “purposivism” or “inclusive constitutionalism” on the other. These traditions and their implications will be considered in future AfP blog posts.
Article II - On the Constitution
Proposed 28th Amendment: On Age and Term Limits (subject to further revision)
Continuing with the proposed 28th Amendment to the Constitution, we turn to the Supreme Court:
Section 6
Members of the Supreme Court are limited to serving a total of 12 years, or one 12-year term. Supreme Court justices are no longer appointed by the president, but serve on a rotating basis. Congress shall enact appropriate legislation and develop guidelines for the organization and execution of the rotation process.
Section 7
The number of the justices of the Supreme Court shall be set at 12 (twelve). The justices must reach a majority (at least 7-5) to confirm or overrule legislation. In the event of a tie vote, existing law remains in effect, or legislation passed by Congress and signed by the President becomes law. The composition of the Court reflects the demographic composition of the national population to the greatest possible extent.
Section 8
Congress shall enact appropriate legislation and create appropriate oversight for the carrying out of the provisions of this amendment.
Next: More Thoughts on Reforming the Supreme Court