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Lochloosa

(16,784 posts)
17. Well said. If anyone would bother reading the reasoning behind the lifetime appointments,
Mon Apr 6, 2026, 10:39 AM
Apr 6

they would (should) come to the same conclusion.

https://www.wgbh.org/news/politics/2018-10-02/why-did-the-framers-give-lifetime-tenure-to-supreme-court-justices

This is, in large part, because the tenure for a Supreme Court Justice is unlimited. In my quest to understand why, I turned first to James Madison’s “Notes of Debates of the Federal Convention of 1787.” Here, Madison relates the moment the framers got the judicial ball rolling in Philadelphia. For the record, it was on a Monday in June.

“On [the] motion to agree to the first clause, namely ” resolved that a National Judiciary be established, “it passed in the affirmative nem. con.,” wrote Madison.

Nem. con. is an abbreviation for a Latin phrase that means “without dissent.” So, while the delegates unanimously agreed there would be a national judiciary, deciding what it would look like, and what it would do, would take some work. One place where there was quick consensus, with little if any debate, was that lifetime term in office for justices.

Klarman said the reason for that lifetime appointment was simple: To cultivate judicial independence. If you never have to worry about being re-elected or re-appointed then, “there’s no reason to tailor your decisions to the pleasure of the institution that does the appointing,” Klarman said.

Recommendations

3 members have recommended this reply (displayed in chronological order):

He IS correct! MyOwnPeace Apr 6 #1
Long before that Nasruddin Apr 6 #18
It all started with Bush vs Gore DemocracyForever Apr 6 #30
Pandering. He's engaging MAGA for mid-term support. Auggie Apr 6 #2
Note this line malaise Apr 6 #3
Yes - restrain him...somehow! yellow dahlia Apr 6 #26
John Sauer will now wheel in an elementary school TV stand to show a Levin video underpants Apr 6 #4
Oh yeah, that's real smart, MarineCombatEngineer Apr 6 #5
Every time he does that, he shines a blinding spotlight on their corruption Miles Archer Apr 6 #8
He wants Birthright Citizenship to be chelsea0011 Apr 6 #6
Gratitude, trump style. And after all they've done for him. nt Buns_of_Fire Apr 6 #7
He is threatening the justices. dalton99a Apr 6 #9
Correct malaise Apr 6 #11
This is exactly why the lifetime appointment thing wasn't such a bad idea Ocelot II Apr 6 #10
Well said. If anyone would bother reading the reasoning behind the lifetime appointments, Lochloosa Apr 6 #17
Thanks. Two well reasoned posts on this topic in a row stopdiggin Apr 6 #27
Judge David Souter was a prime example. Lochloosa Apr 6 #31
He is crazier than a shithouse rat. johnnyfins Apr 6 #12
Can an undocumented person be charged johnnyfins Apr 6 #13
Exactly. The "subject to the jurisdiction" bit was meant only to exclude children of foreign diplomats, Ocelot II Apr 6 #16
and a couple of other exceptions, besides diplomats... thesquanderer Apr 6 #20
Diplomatic immunity isn't always 100% LeftInTX Apr 6 #21
Pretty much 99%, though, as this case suggests. Ocelot II Apr 6 #23
a major sh*t show - in which the U.S. government gave ground (and lost face) at pretty much every juncture stopdiggin Apr 6 #28
How about a president who doesn't care Amethyst Ring Apr 6 #14
Since he got to pick 1/3 of the Justice's MustLoveBeagles Apr 6 #15
Aw, he's just mad that he can't fire them via Executive Order or like Pam Bondi. no_hypocrisy Apr 6 #19
I wouldn't be surprised if he tried LeftInTX Apr 6 #22
He can ask Congress to pass tariffs. Why doesn't he do that? Renew Deal Apr 6 #24
He is insane. Therefore ... Bmoboy Apr 6 #25
What's it gonna take? yellow dahlia Apr 6 #29
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