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HI HR17
Resolution
Status
2/24/2016
Primary Sponsor
Angus McKelvey
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AI Summary
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Urges Hawaii's congressional delegation to introduce legislation proposing a constitutional amendment to establish fixed, nonrenewable, staggered eighteen-year terms for U.S. Supreme Court Justices.
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Notes that Supreme Court Justices currently serve for life under Article III of the Constitution, which has been interpreted to allow service until resignation, retirement, or impeachment.
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Cites data showing Justices retiring between 1970 and 2005 served an average of 26.1 years, compared to 14.9 years for those retiring between 1789 and 1970, due to advances in science and medicine.
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Argues that lifetime tenure creates arbitrary timing for appointments, as some Presidents appoint multiple Justices while others appoint none.
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Proposes that eighteen-year fixed terms would create regular vacancies every two years, allowing each one-term President to appoint two Justices and each two-term President to appoint four.
Legislative Description
Supreme Court Justices; Limited Tenure; Constitutional Amendment
Last Action
Report adopted; referred to the committee(s) on FIN with Representative(s) Tupola, Ward voting aye with reservations; Representative(s) McDermott, Thielen voting no (2) and Representative(s) Kawakami, Kobayashi, Kong, Luke, Pouha, Rhoads excused (6).
3/22/2016