Writing Prompt: Lifetime Tenure of the Supreme Court Judges

Lifetime Tenure of the Supreme Court Judges
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The United States Constitution through Article III state that Supreme Court judges shall hold office during good behavior and shall at stated time receive their compensation which shall not be diminished during their continuance in office. The statement means that Supreme Court judges are granted life tenure and their compensation is also protected. The constitution states three ways of replacing a judge and these are through death, voluntary retirement and impeachment process. Supreme Court plays a fundamental role in the federal government’s operation. Decisions made by the Supreme Court tremendously affect the executive and the legislative branches of the federal government. However, the life tenure has opened up a debate which has taken up the pros and cons dimension.
One of the pros of life tenure is that it promotes the just application of the law free from partisan influence. Life tenure shields the justices from political pressures. Reelection and political redistribution do not worry the judges thus they can dispense their duties well. Decisions are made on what is right and not the political consequence of the decision. Moreover, life tenure does not affect the efficiencies of the judges. According to Yoon (2006), old age does not incapacitate judge’s ability to dispense their duties as required by the law. Furthermore, the public would pile pressure to an incapacitated justice to resign. And also no judge would willingly put the country at risk in return for political favors.
Lifetime tenure has its share of disadvantages too; it encourages political activism within the supreme court of the United States. According to Calabresi & Lindgren, (2005) sitting justices wait till like-minded president is in power so that someone with the same political learning may replace them. The political views of a likely replacement and that of the pres...