Restructure the Court

The Supreme Court will hear a case concerning the Second Amendment, the right of citizens to bear arms. When I heard reports of a brief submitted by Democrats that included threats to the Supreme Court, I went to the source. I found the statement referred to as a threat in a 25-page brief submitted by five Senators:

The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be “restructured in order to reduce the influence of politics.” Particularly on the urgent issue of gun control, a nation desperately needs it to heal.

Inappropriate, but doesn’t constitute a threat for two reasons: 

  • Congress doesn’t have authority to restructure the court. A constitutional amendment, approved by 38 states, is required.  
  • Many citizens already support restructuring the Supreme Court.

I am one of many who are concerned about the court exceeding constitutional authority. Mark Levin detailed a workable solution in his book The Liberty Amendments. The basic idea is simple:

  1. Limit Supreme Court justices to 12 years of service. 
  2. Every four years, the three senior judges will retire from the court.  Three new judges will be nominated by the President and confirmed by the Senate.
  3. With a three-fifths vote of the state legislatures, the States may override a Supreme Court ruling.

Do you agree the Supreme Court should be restructured? Why or why not?

If you agree, do you like Levin’s idea or do you have other suggestions?

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