{"id":767,"date":"2020-10-10T15:56:21","date_gmt":"2020-10-10T15:56:21","guid":{"rendered":"http:\/\/nobodyretires.com\/?p=767"},"modified":"2020-10-10T15:56:25","modified_gmt":"2020-10-10T15:56:25","slug":"supreme-court-packing","status":"publish","type":"post","link":"https:\/\/nobodyretires.com\/index.php\/2020\/10\/10\/supreme-court-packing\/","title":{"rendered":"Supreme Court Packing"},"content":{"rendered":"\n

What is it and are there alternatives?<\/h1>\n\n\n\n

Supreme Court and the Constitution Article III Section 1.<\/h4>\n\n\n\n

The judical Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavoir, and shall, at stated Times, receive for their Services, a Compensation, which shall not be dimished during their Continuance in Office. <\/p>\n\n\n\n

The constitution establishes the Supreme Court, but Congress has the authority to determine its structure. Until the time of President Grant the number of justices varied, starting as 6 and changing in size up to 10. Since the Grant presidency the size of the court has been 9.<\/p>\n\n\n\n

What is Packing?<\/h4>\n\n\n\n

Supreme Court packing is the idea of increasing the size of the court to change the courts ideology. So the size of the court is changed if a majority of both houses of Congress approve and the President’s signature.<\/p>\n\n\n\n

Franklin Roosevelt attempted to increase the court size in order to minimize the negative impact the court was having on his New Deal legislation. The result of pushing for changes in Supreme Court structure actually weakened Roosevelt’s presidency. So packing is not a new idea.<\/p>\n\n\n\n

The phrase “shall hold their Offices during good Behavoir” means lifetime appointment<\/p>\n\n\n\n

Supreme Court Structure Concerns<\/h1>\n\n\n\n

The Supreme Court has become a political hot potato. The make up of the court leans either conservative or liberal and does not change for the lifetime of its membership. This is accomplished by appointing young judges who live long lives. <\/p>\n\n\n\n

It becomes difficult to change the makeup the court because members who lean either liberal or conservative can wait to retire from the court until a president who is to their liking is in office. So a single seat may remain conservative for centuries. The only time a seat changes loyalty occurs with unexpected death as has happened twice during the four years of Donald Trump. <\/p>\n\n\n\n

The first time was when the senate failed to act on Barack Obama’s appointment in the final year of his term. Then 2nd would the appointment of Amy Barrett to replace Ruth Bader Ginsburg.<\/p>\n\n\n\n

This drastic change in the makeup of the court will take decades if not centuries to undo.<\/p>\n\n\n\n

Potential Changes to the Supreme Court.<\/h1>\n\n\n\n

Regular Term Limit Court Appointments.<\/h4>\n\n\n\n

Regular Term Limited Appointments, would work as follows:<\/p>\n\n\n\n