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Feb 3, 2017 13:52:03   #
Loki Loc: Georgia
 
Kachina wrote:
And that is what i responded too. I said there should be term limits in every branch of goverment. Read the answer before you say i did not answer or understand the question.


Pardon me. Your answer was somewhat ambiguous. If Justices should stand for re-election, how often should they have to do so? If you believe this, what do you think a SCOTUS term should be? Two years? Ten years? See my point? What should be the maximum number of terms they can be re-elected for?

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Feb 3, 2017 13:54:14   #
Loki Loc: Georgia
 
Dummy Boy wrote:
Yes, Supreme Court Justices should have term limits, with a couple of thoughts as to why:

The main reason is that a lifetime appointment sets an agenda that can polarize the courts real purpose: interpreting the constitution.

....which in effect, reduces the chances or opportunities to change the constitution. There are those who believe that changes should be made since the founders agree that we are allowed to change or modify, to reflect changes in our society. Why do we have to interpret? Because the crucible that forged the Constitution couldn't have anticipated changes. It seems to me, today, states rights are being crushed by supreme court decisions that they are neither required or desired to decide for a state.
Yes, Supreme Court Justices should have term limit... (show quote)


What should be the length of term they may serve? Most folks seem to agree with term limits, but no one seems to know what a term should consist of, in terms of years.

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Feb 3, 2017 13:56:05   #
Loki Loc: Georgia
 
PeterS wrote:
How about the oldest is replace every 5 years with a minority candidate thereby leaving no ideology dominate for any length of time--if there is a death replace them with the ideology of the dead justice. This would also prevent a three branch monopoly for any length of time...

I have no problem with justices being appointed.


Why should they be a minority?

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Feb 3, 2017 14:00:31   #
Loki Loc: Georgia
 
PeterS wrote:
Where am I suggesting racial quotas? Did you read what I wrote? Our nation and judicial system is split along ideology. Term limits won't do anything to change that--whether a judiciary is elected or appointed it is still going to be along perceived ideological beliefs. The method I suggest no ideology will hold a long term monopoly but will alternate every five years. That also means that no president can pack the court for any period of time. If there is anything anti-american or unconstitutional in that I fail to see it.
Where am I suggesting racial quotas? Did you read ... (show quote)


Maybe that is not what you meant to say, but certainly sounded like it. Here it is....

"How about the oldest is replace every 5 years with a minority candidate thereby leaving no ideology dominate for any length of time" When one speaks of minorities, it is usually with a racial or social agenda connotation.

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Feb 3, 2017 14:14:27   #
lindajoy Loc: right here with you....
 
pafret wrote:
None of the needed reforms are likely to ever come to fruition by our career ruling class. This is evidenced by the many examples of nepotism and the assumption that relatives of current pols are automatically more qualified to hold high public office than anyone else.

Accordingly, there is an organization attempting to force Constitutional change called the Article Five Convention of States.

Article V reads: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states . . .

They have held practice conventions while working toward getting a State by State Resolution to hold an Article five convention. This is their current count

Progress Update: Here are all the latest numbers:

Total Passed States: 8
Total House Wins: 18
Total Senate Wins: 11
Total States with Committee Wins: 24
Total States that have filed the COS Resolution: 44

The amendments proposed thus far:

1. Requiring the states to approve any increase in the national debt
2. Imposing term limits on Congress (effective retroactively)
3. Limiting federal overreach by returning the Commerce Clause to its original meaning
4. Limiting the power of federal regulations by allowing an easy congressional override
5. Requiring a supermajority to impose federal taxes and repealing the 16th Amendment, which
legalized the federal income tax
6. Giving the states (by a three-fifths vote) the power to abrogate any federal law, regulation,
or executive order

Read more at: http://www.nationalreview.com/article/440506/constitutional-amendments-states-convention

This I believe, is the only way that the needed changes will be effected. This group needs to be watched because if it is taken over by the wrong agendas they can cause some real mischief.
None of the needed reforms are likely to ever come... (show quote)


Thank You for the updates...
As I said in my earlier post the Article V is the only way we would likely see change.. Unfortunately the first hurdle is getting the states to act and from there the "big fight" to get it enacted... Then again, the only limitations we have are those we impose on ourself... If it's wanted enough it can be achieved...

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Feb 3, 2017 14:16:44   #
lindajoy Loc: right here with you....
 
Loki wrote:
What should be the length of term they may serve? Most folks seem to agree with term limits, but no one seems to know what a term should consist of, in terms of years.


Since Senate holds the longest at 6 years I suggest that time period for all...

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Feb 3, 2017 14:20:26   #
lindajoy Loc: right here with you....
 
Loki wrote:
Why should they be a minority?


Indeed, why would it even be necessary, if we believe our government works for all??

Readily admit the sanctity of the Supreme Court has been infused with party affiliation...However, the are the very ones determining the minority status right??

Or did I misunderstand what Peter is saying???

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Feb 3, 2017 15:17:56   #
pafret Loc: Northeast
 
lindajoy wrote:
Pafret, I like your suggestion very much, which in effect would be a qualified term limits requiring a referendum by the people..

Recall, while I would support it represents a commendable movement to make Congress more accountable for its actions, however it tramples the U.S. Constitution and undermines the rule of law....Or so determined in years past...

Contrary to popular snd different Web sites, the recall of members of the U.S. Congress has never been permissible according to the Constitution, and no member of the Congress has ever been removed by such means. That’s because the U.S. Constitution sets the qualifications and terms for being a member of the House or Senate; changing those qualifications or terms (as in making them subject to a recall) is unconstitutional and would require a constitutional amendment.

"Recall is not a new idea. At the Constitutional Convention, the Framers considered and rejected a national recall provision....Recall was raised again as an amendment in New York, but the 1788 ratifying convention defeated it. Why? Because the Constitutional structure held senators accountable. Originally, senators were elected by the state legislatures and were responsible to their state for their actions... (Loki touched on this earlier) At the same time, the Framers wanted to bring deliberation to the national legislature and sought to protect lawmaking from the "whim of passion and majority faction". If legislators are constantly under the threat of instant recall, they will never be sure of their step, for fear of some impulse of the moment"...So the Constitution creates a bicameral legislature, with the House subject to the changing sentiments of opinion, and the Senate, with its longer terms, bringing stability and deliberation, or so it is thought...

Now remember the Constitution does contains an expulsion clause for members of Congress, though it has widely been neglected since the Civil War cases of disloyalty.....

An amendment to return recall is not impossible, but just like the term limits threat, do we believe the ones we look to impose recall on would vote our right to do so???
Pafret, I like your suggestion very much, which i... (show quote)


Viewing the criminal activity which has been rampant in the Congress, they find it difficult to censure members via the ethics committee and expulsion is absolutely unthinkable. The Convention of States has to add repeal of the seventeenth amendment and return Senatorial appointments to the State.

As far as Supreme Court Judges go, in no way should they ever stand for election. The Congress is bought and paid for. None of their decisions is ever what it seems to be but is at the behest of their owners. The Supremes are the only leg of government that is theoretically free of encumbrances that will sway judgement. Running for office costs and the suppliers of the funds have a lien on the incumbent.

There needs to be some method for the nation as a whole to rid themselves of representatives who are narrow factionalist representatives instead of all of the people. Consider Harry Reid, his tenure was enhanced by gerrymandering his home district boundaries to include most of his relatives and close supporters. He was not representative of Nevada certainly not a Senator of the nation. A partisan hack who rose to power because of longevity.

Loki advocates ten years for a SCOTUS appointment but I still think there should be some way to keep the good ones. A Scalia or Frankfurter shouldn't be discarded. I still like two shorter terms with the second being subject to a national election. No competition, just Yea or Nay for a second term.


"If legislators are constantly under the threat of instant recall, they will never be sure of their step, for fear of some impulse of the moment". I am not so sure that this is a bad thing, I would like them to be afraid, very afraid.

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Feb 3, 2017 16:09:35   #
lindajoy Loc: right here with you....
 
pafret wrote:
Viewing the criminal activity which has been rampant in the Congress, they find it difficult to censure members via the ethics committee and expulsion is absolutely unthinkable. The Convention of States has to add repeal of the seventeenth amendment and return Senatorial appointments to the State.

As far as Supreme Court Judges go, in no way should they ever stand for election. The Congress is bought and paid for. None of their decisions is ever what it seems to be but is at the behest of their owners. The Supremes are the only leg of government that is theoretically free of encumbrances that will sway judgement. Running for office costs and the suppliers of the funds have a lien on the incumbent.

There needs to be some method for the nation as a whole to rid themselves of representatives who are narrow factionalist representatives instead of all of the people. Consider Harry Reid, his tenure was enhanced by gerrymandering his home district boundaries to include most of his relatives and close supporters. He was not representative of Nevada certainly not a Senator of the nation. A partisan hack who rose to power because of longevity.

Loki advocates ten years for a SCOTUS appointment but I still think there should be some way to keep the good ones. A Scalia or Frankfurter shouldn't be discarded. I still like two shorter terms with the second being subject to a national election. No competition, just Yea or Nay for a second term.


"If legislators are constantly under the threat of instant recall, they will never be sure of their step, for fear of some impulse of the moment". I am not so sure that this is a bad thing, I would like them to be afraid, very afraid.
Viewing the criminal activity which has been rampa... (show quote)


Once again we agree on theory relative to solutions.. However, we also know absent the Article V, none is going to be voluntarily voted in... A sad shape of disrepair when our elected put themself over the will of the people...That elitism status is more important, and what an obvious showing it is, unfortunately...

Do you believe repeal of the 17th will ever take place or return of Senatorial appointments?? I do not as it would lay open plenty of assumed revisions that would actually be more beneficial to the citizens, presumably...

As for the SC Justices I support appointment as well, and " wish them to be strong enough not to bail on the Constitutional issue simply because of whom appointed them... Was a time they remained immune to it but alas the Criminal Hill mentality has in fact influenced them...As I told you, I like your checks and balances of them at the 8 year mark and done by the vote of the citizens... That is the most objective...

However, I must also say I would not be remiss in stated term limits period....The unique Sanctity of the Supreme Court has definitely shifted and not to the benefit of the citizens..They have sold out of recent years and is why I say once the highest seat of our Judicial process is compromised they no longer serve in that "above reproach" category that was so obviously say 30 years again??

Excellent suggestion in considering Harry Reid, what an albatross to the hill, but he played the game well utilizing every criminal element he could to sustain himself!! Until his brother beat his butt, he flourished very well...

Amen to this on the money comment~~

"A partisan hack who rose to power because of longevity." ~~Longevity that he manipulated as well but by those on the hill, vs what he pulled in gerrymandering of his state...

Finally, relative to the legislators being afraid, let them shake in their boots every single day, all day!! One thing, I do believe President Trump, being the anomaly that he is, is causing a bit of that on the hill right now and I say go for it!! Shake them all the heck up and let's get her done...!!

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Feb 4, 2017 20:29:16   #
teabag09
 
Loki, in the last thread, I asked basically the same thing. One man, because he was APPOINTED a FEDERAL judge (I use j intentionally) has say over the President, Congress, and local and state Judges as well as your and my life. Depending on the party controlling the senate, normally goes the ideology of the judge. Although this isn't always the case (Kennedy, Roberts) especially with lower court judges, it holds true.

I think it is time to look at term limits for all three branches of Government which would take an amendment and would probably never pass. But with President Trump it might be a good time to do like the snowflakes and start raising a little hell for that direction. Mike
Loki wrote:
This article I read got me thinking that I have a real crap-stirring winner here. Supreme Court fights in the Senate. My own opinion is that much of it would end if we finally got term limits for the entire Federal Judiciary not just the SCOTUS. The actual how of accomplishing this is not the purpose of this thread; My interest is in getting your opinion: Does the Judicial Branch of the Federal Government need term limits, should they be required to stand for re-election, what do you think and why? Let's try and keep this one civil for a while before we have our usual food fight.

Here is the article that got me started...

http://townhall.com/columnists/jonahgoldberg/2017/02/03/why-supreme-court-nominations-prompt-scorchedearth-warfare-n2280422?utm_source=thdaily&utm_medium=em
This article I read got me thinking that I have a ... (show quote)

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Feb 4, 2017 20:45:39   #
teabag09
 
Not to mention that was the intent of the Founding Fathers. There was never an intent for Congress to live in the Capital. They were to stay home, do their personal business and to meet as necessary. In those days that was inconvenient (Travel) but they did it. Today the bastards own or rent homes in DC and make crap up that is almost unrecognizable. That freakin swamp doesn' just need draining, it needs to be fire hosed. Mike
lindajoy wrote:
A strong supporter clear across the spectrum to all civil servants of government yes, term limits are a must..
I also don't mean those limits as imposed by voting in and out...

Trump campaigned for term limits but just for Congress.. I believe it should apply to all..Of course that sorry McConnell came back dismissing it saying that wouldn't be on the table right now.. BS, why not?? Don't want to loose that cushy little job, eh??

The lifers of the Supreme Court was originally done along the lines of maintaining consistentancy in principal law along with the mentality that brought them to their conclusions.. It is the one main reason they nearly never change their rulings.. Only 10 times since the enactment of the Supreme Court have they modified the original ruling.. In those it was to add based on progression of law, and only modified to include whatever it was that needed "update" so to speak...

As for the rest of the bodies of government term limits would:

Reduce the criminal element of pay for results of the special interest groups who would have to start over with each new representative..

Keep new blood in the game with innovative thinkers, not those who look to maintain status quo...

Keep diversity of issues as needed in the progression of our country...

Eliminate that all or none class of elitism if they were limited to say 6 years, period..
A strong supporter clear across the spectrum to al... (show quote)

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Feb 4, 2017 20:58:02   #
teabag09
 
I read that too. You may not have meant it that way but it read that way. Mike
PeterS wrote:
Where am I suggesting racial quotas? Did you read what I wrote? Our nation and judicial system is split along ideology. Term limits won't do anything to change that--whether a judiciary is elected or appointed it is still going to be along perceived ideological beliefs. The method I suggest no ideology will hold a long term monopoly but will alternate every five years. That also means that no president can pack the court for any period of time. If there is anything anti-american or unconstitutional in that I fail to see it.
Where am I suggesting racial quotas? Did you read ... (show quote)

Reply
Feb 4, 2017 21:12:42   #
lindajoy Loc: right here with you....
 
teabag09 wrote:
Not to mention that was the intent of the Founding Fathers. There was never an intent for Congress to live in the Capital. They were to stay home, do their personal business and to meet as necessary. In those days that was inconvenient (Travel) but they did it. Today the bastards own or rent homes in DC and make crap up that is almost unrecognizable. That freakin swamp doesn' just need draining, it needs to be fire hosed. Mike


Today, the bastards as you say are the elitist that work very hard to be such, while ensuring the citizen is the second class...Those are your true parties anymore...

Reply
Feb 5, 2017 04:40:15   #
Loki Loc: Georgia
 
pafret wrote:
Viewing the criminal activity which has been rampant in the Congress, they find it difficult to censure members via the ethics committee and expulsion is absolutely unthinkable. The Convention of States has to add repeal of the seventeenth amendment and return Senatorial appointments to the State.

As far as Supreme Court Judges go, in no way should they ever stand for election. The Congress is bought and paid for. None of their decisions is ever what it seems to be but is at the behest of their owners. The Supremes are the only leg of government that is theoretically free of encumbrances that will sway judgement. Running for office costs and the suppliers of the funds have a lien on the incumbent.

There needs to be some method for the nation as a whole to rid themselves of representatives who are narrow factionalist representatives instead of all of the people. Consider Harry Reid, his tenure was enhanced by gerrymandering his home district boundaries to include most of his relatives and close supporters. He was not representative of Nevada certainly not a Senator of the nation. A partisan hack who rose to power because of longevity.

Loki advocates ten years for a SCOTUS appointment but I still think there should be some way to keep the good ones. A Scalia or Frankfurter shouldn't be discarded. I still like two shorter terms with the second being subject to a national election. No competition, just Yea or Nay for a second term.


"If legislators are constantly under the threat of instant recall, they will never be sure of their step, for fear of some impulse of the moment". I am not so sure that this is a bad thing, I would like them to be afraid, very afraid.
Viewing the criminal activity which has been rampa... (show quote)


Sometimes you have to throw out the baby with the bathwater. The plus side is that it's mostly bathwater.

Reply
Feb 5, 2017 06:59:12   #
PeterS
 
Loki wrote:
Maybe that is not what you meant to say, but certainly sounded like it. Here it is....

"How about the oldest is replace every 5 years with a minority candidate thereby leaving no ideology dominate for any length of time" When one speaks of minorities, it is usually with a racial or social agenda connotation.

I meant the minority ideology. ie, if it was 5/4 democrat than it become 5/4 republican thus every 5 years the ideology of the court changes hands...

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