Reforming the Court

by Cramton, Roger C.; Carrington, Paul D.

• ISBN13: 9781594602139
• ISBN10: 1594602131
• Format: Paperback
• Copyright: 2006-01-01
• Publisher: Carolina Academic Press

Summary

The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required?

Author Biography

Roger Cramton is Professor Emeritus at Cornell Law School. Paul Carrington is Professor Emeritus at Duke Law School.

Table of Contents

Reforming the Supreme Court: An Introduction	3	(12)
Paul D. Carrington
Roger C. Cramton
Is the Prolonged Tenure of Justices a Problem Requiring Attention?
Term Limits for the Supreme Court: Life Tenure Reconsidered	15	(84)
Steven G. Calabresi
James Lindgren
``Marble Palace, We've Got a Problem---with You''	99	(16)
L. A. Powe, Jr.
Thinking about Age and Supreme Court Tenure	115	(12)
Daniel J. Meador
Prolonged Tenure of Justices As Part of a Larger Problem
Limiting the Court by Limiting Life Tenure	127	(10)
Robert F. Nagel
Checks and Balances: Congress and the Federal Courts	137	(44)
Paul D. Carrington
Democratic Responses to the Breadth of Power of the Chief Justice	181	(22)
Judith Resnik
Making a System of Term Limits Work
Opting for Change in Supreme Court Selection, and for the Chief Justice, Too	203	(22)
Alan B. Morrison
Internal Dynamics of Term Limits for Justices	225	(26)
Thomas W. Merrill
Arguments That Prolonged Tenure Is Not a Problem
The Case for Life Tenure	251	(20)
Ward Farnsworth
Protecting and Enhancing the U.S. Supreme Court	271	(20)
David J. Garrow
Reining in the Supreme Court: Are Term Limits the Answer?	291	(26)
Arthur D. Hellman
An Interdisciplinary Perspective on the Tenure of Supreme Court Justices	317	(28)
Stephen B. Burbank
Constitutionality of Legislation Limiting the Tenure of Justices
Constitutionality of Reforming the Supreme Court by Statute	345	(16)
Roger C. Cramton
The Power of Congress over the Terms of Justices of the Supreme Court	361	(14)
John Harrison
Life Tenure and the Supreme Court: What Is to Be Done?	375	(10)
Sanford Levinson
Constitutional Futility of Statutory Term Limits for Supreme Court Justices	385	(20)
William Van Alstyne
Other Legislative and Constitutional Alternatives
Increasing the Size of the Court As a Partial but Clearly Constitutional Alternative	405	(10)
Philip D. Oliver
Mandatory Retirement for Supreme Court Justices	415	(20)
Richard A. Epstein
Promoting Equity in the Distribution of Supreme Court Appointments	435	(20)
Terri L. Peretti
Restraining the Court by Curbing District Court Jurisdiction and Improving Litigation Procedure	455	(12)
George W. Liebmann
Appendix: The Editors' Initial Proposal
The Supreme Court Renewal Act: A Return to Basic Principles	467	(6)
Paul D. Carrington
Roger C. Cramton
Index	473