Term Limit Federal Judges
Years ago I remember reading a book entitled The Quotable Dwight D. Eisenhower, or some other name to that effect. I recall being surprised that Eisenhower seriously proposed limiting the tenure of federal judges. Although I have not been able to locate the book again, I believe my memory is correct (and invite input from any knowledgeable readers in correction or confirmation of my memory). Of course, federal judges now serve for life (technically "during good Behavior") according to the Constitution (Article III, Section 1).
Beginning with the invention of a constitutional "right to privacy" in the sixties to invalidate restrictions on contraceptives, the federal courts have eagerly embraced, with unparalleled arrogance, the agenda of elite social engineering. The ever malleable "right to privacy" became the basis in 1973 for the abortion on demand culture we now have. The same elite social engineering ruled last summer that states cannot outlaw sodomy. The state courts, most recently Massachusetts, have been busily aping the activism of their superior federal colleagues by trying to impose gay marriage on various jurisdictions in the last few years. Soon enough the federal courts will have their say on gay marriage, and, from all indications, it won't be pretty.
While state court judges can usually be voted out of office, the federal court judges are, for all practical purposes, ruling for life. I certainly support a constitutional amendment to limit marriage to one man and one woman. But, in the long run, we should also pursue a constitutional amendment to set fixed terms for federal judges, including those on the Supreme Court. A term of ten or fourteen years should be more than enough unparalleled power for any human being. The hope is that a limited term will deliver the message that judicial power is not a blank check and is realistically and politically vulnerable to limitation by the voters and their representatives. If the radical solution of limiting terms is enacted, I believe judges will exercise more restraint because they will know that the body politic will be willing to impose even further restraint if necessary. The smugness of the judicial elite must be punctured. Term limits for federal judges are a good first step. Their state court colleagues will also get the political message. If federal judges can be subject to fixed terms for the first time, then surely state legislatures can reduce the already fixed terms of state judges. It is time to change the dynamic of judicial invulnerability on both the federal and state levels.
Federal judges are there to serve, not to be crowned for life. This proposed constitutional dose of political reality can put an end to elite social engineering as an unquestioned and unassailable prerogative in the minds of many judges. The ultimate right of social engineering resides in the people and their representatives through a constitutional amendment. It is time to tame the beast. As of now, the federal courts have become a source of instability in our culture by taking the lead in destroying foundational cultural goods, such as the life of the unborn and eventually the institution of marriage.
Interestingly, Francis Cardinal George of Chicago, a highly intelligent and articulate man, has recently lambasted the arrogance of the judiciary. He noted that judicial activism, specifically the recent ruling by the Supreme Judicial Court of Massachusetts (the highest state court in that state), promotes disrespect for democracy and is dictatorial. (See Catholic World News.) It is time to respond constitutionally to what the Cardinal has so well articulated.
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