Ten steps to the 28th Amendment: Reforming the Supreme Court
1. Each Appellate Court circuit (currently 13) is represented on the Supreme Court by one Justice selected by ranked-choice voting among that circuit's Appellate Court Judges, subject to confirmation by the Senate
The Presidential appointment function is hereby nullified
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2. Each Supreme Court Justice's term of office is the number of years equal to the number of Appellate Court circuits (currently 13)
Lifetime appointment is hereby nullified
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3. Terms are staggered in strict rotation, such that each year one Appellate Court circuit retires the most senior Justice and appoints the most junior Justice
The Supreme Court will be in a state of continual churn. In Year One of a cycle, Circuit #1 will appoint a Supreme Court Justice. In Year Two, Circuit #2, etc
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4. Each year's most senior Justice is designated as the Chief Justice during his or her final year of service
It is an honorary position, essentially
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5. In case of an unexpected vacancy on the Court, the Appellate Court Judges of the affected circuit appoint a replacement Justice to finish the term of office, but the overall rotational sequence of appointments will not be altered
Similar to a special election for Congressional vacancies
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6. The Supreme Court's purview is to rule on cases based on existing legislation, with the power to declare existing legislation unconstitutional, in part or in whole
Unchanged from the present conditions
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7. The Constitutional Court is hereby established, parallel to the Supreme Court in structure, function, and appointment, with the purview of vetting proposed legislation for constitutionality and veto power to prevent enactment of flawed laws
A new function in American government, an additional check on Congressional power
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8. Constitutional Court terms of office are staggered in strict rotation, but offset from the Supreme Court terms by half a cycle (currently seven years)
In Year One of a cycle, Circuit #1 will appoint a Supreme Court Justice and Circuit #7 will appoint a Constitutional Court Justice. In Year Two, Circuit #2 and Circuit #8, etc.
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9. Constitutional Court Justices should come from a wide spectrum of academic disciplines, not merely lawyers, subject to confirmation by the Senate
Sociologists, political scientists, economists, labor union leaders, small business owners, educators, etc. People with a broad view of social trends and possible consequences of the possible consequences
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10. Any Justice, whether SCOTUS or CCOTUS, may be impeached by Congress.
An additional check on Judicial power
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