Sunday, May 25, 2008

The (In)justices of the Supreme Court (part 5 of 5)

The founding fathers had in mind to insure that the justices of the Supreme Court would be able to operate free of reprimand or fear of removal by wayward politicians, so they decided that Supreme Court justices would be endowed with lifetime tenure. That was a good practice considering the fact that the American Revolution was fought because the citizens had no say in how they were governed, and by allowing justices to serve for life, and having supreme rule, they thought that the people would never again be locked in by an unsympathetic government. Now, it seems that they have inadvertently accomplished the same, by way of having justices subject the nation to a body of lawmakers who maintain supreme rule. To make matters worse, they are virtually unstoppable.

The proposed changes in the lifetime tenure hopes to put an end to that situation. Although we have laws that prohibit discrimination based on age, one must consider the consequences of having octogenarians and the like discerning the scope of our inalienable rights. Whether it concerns persons in the public eye or a very private citizen, the idea that advanced years contribute to the loss of the ability to see things as clearly as one did in younger years must be looked upon with particular scrutiny. Now, that idea has come to the Supreme Court.

The following is a further breakdown of the proposed changes in the way in which the Supreme Court justices are appointed and the way in which they will serve.

Every two years, a new justice will be appointed, bumping a current and most senior justice to the position of "senior justice", a basically idle position will little to no power. That leaves one new justice, 8 old justices. As one justice is appointed, another is "bumped" to senior justice, every two years for 18 years. The proposal is unclear as to what duties the bumped justices will serve and as to how long they will continue to serve after being bumped.

By the time all of the old justices have been replaced (18 years), the Court will consist of the following:

1 new justice
1 who has served 2 years
1 who has served 4 years
1 who has served 6 years
1 who has served 8 years
1 who has served 10 years
1 who has served 12 years
1 who has served 14 years and
1 who has served 16 years -
for a total of 9 justices.

It would take a total of 18 years to completely remove all of the old judges (1 every two years) and have the new system completely in place.

Unfortunately, it cannot end there and the beginning will be traveled upon a very bumpy road. The first hurdle is to find a way in which to present the idea in a non-threatening manner to current justices - not an easy task. Who wants to see their power taken away? After that obstacle is surpassed, there must be diligence on our part as citizens to see that the proper justices are appointed. That can only be done by taking an active role in the politics of this nation. We must be cognizant of the backgrounds of those nominated for office. If they do not "fit the bill", it is up to us to contact our congressmen and senators, en masse, to let them know that the needs of the people are not being served. The entire process must be given our full attention and our subsequent actions must be swift.

The time has comes to transform the "injustices of the Supreme Court" into justices of the Supreme Court, with liberty and justice for all.

This is blackstarr saying "Vive La Renaissance!"

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