Quote:
Originally posted by Mmmm, Burger (C.J.)
Not necessarily, although 18 years certainly was selected in light of the current number of nine, and teh stagger wouldn't work so well if the number were larger.
What if the amendment to Article III simply said "The judges, both of the supreme and inferior Courts, shall hold their offices during good Behaviour, except that Congress shall have the power to fix a maximum term of service for judges of the supreme Court, . . .
The staggering will never be perfect because inevitably a justice will die before the term is up.
Anyway, Congress could set the length at whatever it pleases. (one could also include in the amendment a provision "maximum term of service, but not less than 18 years, for judges
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I think the "not less than 18" is better than letting Congress play with the terms of the Judges. The founders were familiar with the King and Parliament playing games with Judicial appointments, and Congress always could take a court they don't like and just say "times up".
