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Rule of Law
No. 6: Judicial Qualifications & Selection

Proposing an amendment to the Constitution of the United States to establish a Judicial Selection Commission, define the composition and procedures for selecting federal judges, establish qualifications and disqualifications for judicial nominees, and provide for geographic restrictions on judicial assignment.

The members of the legislature will rarely be chosen with a view to those qualifications which fit men for the stations of judges; and as, on this account, there will be great reason to apprehend all the ill consequences of defective information, so, on account of the natural propensity of such bodies to party divisions, there will be no less reason to fear that the pestilential breath of faction may poison the fountains of justice.

- Federalist No. 81 (Hamilton)

In forming this branch, our objects are — a fair and open, a wise and impartial interpretation of the laws — a prompt and impartial administration of justice, between the public and individuals, and between man and man.

- Anti-Federalist (Federal Farmer XV)

Why This Amendment?

Hamilton warned that legislators would rarely be chosen for qualities that make good judges. The Anti-Federalists wanted "a fair and open, a wise and impartial" judiciary. Neither side would recognize what we have today. The United States ranks 26th in the world on the Rule of Law Index—in the bottom half of wealthy democracies. On access to civil justice, America ranks 112th out of 143 countries. Trust in courts is at historic lows and deeply divided by party. The countries with the most trusted court systems—Denmark, Norway, Finland, Sweden—all use independent commissions to select judges based on qualifications, not politics. In those countries, judicial selection is transparent, merit-based, and free from partisan interference. Federal judges in the United States are selected through a broken process that prioritizes politics over qualifications. 
  • Political Selection

    Presidents nominate judges based on ideology, not competence. Senators confirm or block based on party loyalty. The public has no insight into why a nominee was chosen or what qualifies them for a lifetime appointment.

  • No Transparent Qualifications

    There are no required standards for becoming a federal judge. No minimum experience. No demonstrated expertise. No public explanation of why one lawyer was chosen over thousands of others.

  • Judicial Vacancies 

    Courts claim they cannot handle their caseloads, yet judicial seats remain empty for years. Vacancies are left unfilled for political reasons—to deny one president appointments or save them for another. Justice delayed is justice denied, and the delay is deliberate.

  • No Conflict of Interest Restrictions

    Judges can be assigned to courts in regions where they have personal ties—where they practiced law, owned property, or have business relationships. This creates conflicts of interest. A judge ruling on cases involving former clients, colleagues, or local power structures cannot be impartial.

  • Credibility at Higher Courts

    When cases move to appeals courts or the Supreme Court, the lower court judge's reasoning matters. But if no one knows why that judge was qualified in the first place, the credibility of the entire system suffers.

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The Full Text • Amendment VI

Judicial Qualifications & Selection

Each section shows the legal text and what it means in plain language. You don't need a law degree to understand what you're voting on.

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Judicial Selection Commission

Legal text

  1. There shall be a Judicial Selection Commission composed of nine members:
    (1) Three retired federal judges;
    (2) Two attorneys; and
    (3) Four lay citizens who have never practiced law or held judicial office.
  2. The Chair of the Commission shall be a lay member, selected by the Commission from among its lay members.
  3. The Commission shall nominate candidates for appointment to the Constitutional Court, the Supreme Court, and the circuit courts of appeals.

Plain Language

  1. There will be a Judicial Selection Commission made up of nine people:
    (1) Three retired federal judges;
    (2) Two attorneys;
    (3) Four regular citizens who have never been lawyers or judges.
  2. The Chair of the Commission must be one of the regular citizen members, and the Commission will choose that person from among those four.
  3. The Commission will choose and nominate people to serve on the Constitutional Court, the Supreme Court, and the federal courts of appeals.
Selection of Commissioners

Legal text

  1. The three retired judge members shall be selected as follows: retired federal judges may apply to serve; the chief judges of the thirteen circuit courts of appeals, acting collectively, shall select three from among the applicants.
  2. The two attorney members shall be selected by the American Bar Association.
  3. The four lay members shall be selected by the chief justices of the state supreme courts, organized into four regions:
    (1) Northeast: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and the District of Columbia;
    (2) South: Virginia, West Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Tennessee, Kentucky, and Arkansas;
    (3) Midwest: Ohio, Michigan, Indiana, Illinois, Wisconsin, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, and Kansas;
    (4) West: Texas, Oklahoma, New Mexico, Colorado, Wyoming, Montana, Arizona, Utah, Nevada, California, Oregon, Washington, Idaho, Alaska, and Hawaii.
  4. The chief justices of each region, acting collectively, shall select one lay member from among applicants residing in their region.

 

Plain Language

  1. The three retired judge members will be chosen this way: retired federal judges may apply to serve, and the chief judges of the thirteen federal courts of appeals will work together to select three of them.

  2. The two attorney members will be chosen by the American Bar Association.

  3. The four regular citizen members will be chosen by the chief justices of the state supreme courts, divided into four regions of the country:
    (1) The Northeast region includes Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and the District of Columbia.
    (2) The South region includes Virginia, West Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Tennessee, Kentucky, and Arkansas.
    (3) The Midwest region includes Ohio, Michigan, Indiana, Illinois, Wisconsin, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, and Kansas.
    (4) The West region includes Texas, Oklahoma, New Mexico, Colorado, Wyoming, Montana, Arizona, Utah, Nevada, California, Oregon, Washington, Idaho, Alaska, and Hawaii.

  4. The chief justices in each region will work together to choose one regular citizen from people who apply and live in that region.

Commissioner Terms

Legal text

  1. Commissioners shall serve terms of four years. No person shall serve more than eight years total on the Commission.
  2. Terms shall be staggered such that no more than three commissioners’ terms expire in any single year.
  3. Upon the initial constitution of the Commission, commissioners shall be assigned initial terms of two, three, or four years by lottery to establish staggered terms. Thereafter, all terms shall be four years.
  4. A vacancy occurring before expiration of a term shall be filled for the remainder of that term by the same method used for the original appointment. Service of a partial term of two years or less shall not count toward the eight-year limit.

Plain Language

  1. Each commissioner serves for four years. No one may serve more than eight total years on the Commission.
  2. The terms will be arranged so that no more than three commissioners finish their terms in the same year. This keeps the whole Commission from changing at once.
  3. When the Commission is first created, the first group of members will draw lots to decide who serves two, three, or four years. This sets up the staggered system. After that, all new terms will last four years.
  4. If someone leaves before their term ends, a replacement will be chosen using the same method as the original appointment and will serve only the rest of that term. If that partial term is two years or less, it will not count toward the eight-year limit.
Commissioner Qualifications and Disqualifications

Legal text

  1. No person shall serve as a commissioner who:
    (1) Is a current elected official at any level of government;
    (2) Is a current registered lobbyist;
    (3) Has been employed by a political party committee within the ten years preceding appointment;
    (4) Has been a registered lobbyist within the ten years preceding appointment;
    (5) Is the spouse, parent, child, or sibling of any member of Congress or senior executive official;
    (6) Has received formal discipline from any court, bar association, or judicial conduct body at any time; or
    (7) Has been the subject of a complaint before any court, bar association, or judicial conduct body that was substantiated upon investigation within the twenty years preceding appointment.
  2. Each commissioner shall file upon appointment, and annually thereafter, a disclosure statement including:
    (1) All assets, income, and debts;
    (2) All political donations made within the preceding ten years;
    (3) Employment history for the preceding ten years; and
    (4) The identity of any family member currently serving in federal, state, or local government.
  3. Disclosure statements shall be made available to the public.

Plain Language

  1. A person cannot serve as a commissioner if they:
    (1) Are currently an elected official at any level of government;
    (2) Are currently a registered lobbyist;
    (3) Worked for a political party committee in the past ten years;
    (4) Were a registered lobbyist in the past ten years;
    (5) Are the spouse, parent, child, or sibling of a member of Congress or a senior executive branch official;
    (6) Have ever been formally disciplined by a court, bar association, or judicial conduct body;
    (7) Had a complaint against them that was investigated and proven true within the past twenty years.
  2. When appointed, and once every year after that, each commissioner must file a public report that lists:
    (1) Everything they own, earn, and owe;
    (2) All political donations they made in the past ten years;
    (3) Their work history for the past ten years;
    (4) Any close family member who is currently serving in federal, state, or local government.
  3. These reports must be made available for the public to see.
Commissioner Removal and Compensation

Legal text

  1. A commissioner may be removed only for misconduct, incapacity, or failure to perform the duties of office.
  2. Removal shall require a vote of two-thirds of the Senate.
  3. Commissioners shall receive compensation equal to the salary of a federal district court judge.

Plain Language

  1. A commissioner can only be removed for serious wrongdoing, inability to do the job, or failure to carry out their duties.
  2. Removing a commissioner requires a two-thirds vote of the Senate.
  3. Commissioners will be paid the same salary as a federal circuit court judge.
Commission Procedures

Legal text

  1. Six commissioners shall constitute a quorum for the conduct of business.
  2. Six commissioners shall be required to nominate any candidate for judicial appointment.
  3. The Commission shall establish rules and procedures for receiving applications, evaluating candidates, and conducting nominations, which shall be made available to the public.

Plain Language

  1. At least six commissioners must be present in order for the Commission to conduct official business.
  2. At least six commissioners must vote in favor of a person before that person can be nominated for a judgeship.
  3. The Commission must create clear rules for how it accepts applications, reviews candidates, and makes nominations, and those rules must be available for the public to see.
Nomination Process

Legal text

  1. For each vacancy on the Constitutional Court, Supreme Court, or a circuit court of appeals, the Commission shall nominate three candidates.
  2. The Commission shall select one nominee from among the three candidates for appointment.
  3. The nominee shall be submitted to the Senate.

Plain Language

  1. When there is an open seat on the Constitutional Court, the Supreme Court, or a federal court of appeals, the Commission will choose three qualified candidates for that seat.
  2. From those three, the Commission will select one person to be the official nominee.
  3. That nominee will then be sent to the Senate for confirmation.
Confirmation Process

Legal text

  1. A nominee shall be confirmed thirty days following submission unless a member of the Senate files a written objection stating specific grounds for rejection.
  2. If an objection is filed, the Senate shall vote within thirty days of the objection. A vote of two-thirds of the Senate shall be required to reject the nominee.
  3. If the Senate fails to vote within thirty days of an objection, the nominee shall be deemed confirmed.
  4. If a nominee is rejected, the Commission shall select another nominee from the remaining candidates and the process shall repeat.
  5. If all three candidates nominated for a vacancy are rejected, the Commission shall submit three new candidates. If the Senate rejects all candidates from a second slate, the Commission’s first-ranked candidate from that slate shall be deemed confirmed.

Plain Language

  1. A nominee will automatically be confirmed thirty days after being sent to the Senate unless a Senator submits a written objection explaining specific reasons for rejection.
  2. If a written objection is filed, the Senate must hold a vote within thirty days. It takes a two-thirds vote of the Senate to reject the nominee.
  3. If the Senate does not vote within thirty days after an objection is filed, the nominee is automatically confirmed.
  4. If a nominee is rejected, the Commission will choose another nominee from the remaining candidates, and the same process will happen again.
  5. If the Senate rejects all three candidates for a vacancy, the Commission must submit three new candidates. If the Senate rejects all candidates from that second group, the Commission’s top-ranked candidate from that group is automatically confirmed.
Qualifications for Judicial Nominees

Legal text

  1. No person shall be eligible for appointment to the Constitutional Court, Supreme Court, or any circuit court of appeals who:
    (1) Has received formal discipline from any court, bar association, or judicial conduct body at any time; or
    (2) Has been the subject of a complaint before any court, bar association, or judicial conduct body that was substantiated upon investigation within the twenty years preceding nomination.
  2. Each nominee shall file with the Commission a disclosure statement including:
    (1) Complete federal, state, and local tax returns for the ten years preceding nomination;
    (2) All assets, liabilities, and debts exceeding ten thousand dollars;
    (3) All sources of income exceeding one thousand dollars during the preceding ten years;
    (4) All positions held in any corporation, partnership, or other business entity during the preceding ten years;
    (5) All political donations made within the preceding ten years;
    (6) The identity of any family member currently serving in federal, state, or local government.
  3. Disclosure statements of confirmed judges shall be made available to the public.

Plain Language

  1. A person cannot be appointed to the Constitutional Court, the Supreme Court, or a federal court of appeals if they have ever been formally disciplined by a court, bar association, or judicial conduct body, or if a complaint against them was investigated and found to be valid within the past twenty years.
  2. Every nominee must give the Commission a full disclosure report that includes:
    (1) All federal, state, and local tax returns from the past ten years;
    (2) Everything they own and owe, including debts over ten thousand dollars;
    (3) All income over one thousand dollars from the past ten years;
    (4) Any leadership or ownership roles they held in businesses during the past ten years;
    (5) All political donations they made in the past ten years;
    (6) Any close family member who is currently serving in federal, state, or local government.
  3. Once a judge is confirmed, their disclosure report must be made public.
District Court Appointments

Legal text

  1. Judges of the district courts shall be nominated by the President and confirmed by the Senate by majority vote.
  2. No person shall be eligible for appointment to a district court who:
    (1) Has received formal discipline from any court, bar association, or judicial conduct body at any time; or
    (2) Has been the subject of a complaint before any court, bar association, or judicial conduct body that was substantiated upon investigation within the twenty years preceding nomination.
  3. Each district court nominee shall file the disclosure statement required by Section 9(b). Disclosure statements of confirmed judges shall be made available to the public.

Plain Language

  1. Federal district court judges will be chosen by the President and must be approved by a simple majority vote in the Senate.
  2. A person cannot become a district court judge if they have ever been formally disciplined by a court, bar association, or judicial conduct body, or if a complaint against them was investigated and found to be valid within the past twenty years.
  3. Every district court nominee must file the same financial and background disclosure report required in Section 9(b). If the nominee is confirmed, that report must be made public.
Geographic Restrictions

Legal text

  1. No person shall be assigned as a judge of a district court in any state in which such person, within the ten years preceding appointment:
    (1) Practiced law;
    (2) Resided; or
    (3) Owned real property.
  2. No person shall be assigned as a judge of a circuit court of appeals in any circuit containing a state in which such person, within the ten years preceding appointment:
    (1) Practiced law;
    (2) Resided; or
    (3) Owned real property.
  3. The Judicial Selection Commission shall consider geographic restrictions when nominating and assigning judges to ensure adequate judicial coverage in all districts and circuits.

Plain Language

  1. A person cannot be appointed as a federal district court judge in a state if, during the ten years before appointment, they practiced law there, lived there, or owned real estate there.
  2. A person cannot be appointed to a federal court of appeals in a circuit that includes a state where, during the past ten years, they practiced law, lived, or owned real estate.
  3. When choosing and assigning judges, the Judicial Selection Commission must take these location rules into account and make sure all districts and circuits still have enough judges to do the work.
Enforcement

Legal text

  1. The rights secured by this article are self-executing and shall not require enabling legislation to be enforceable.
  2. Congress shall have power to enforce this article by appropriate legislation.
  3. Any citizen of the United States shall have standing to bring suit in any federal court to enforce the provisions of this article.
  4. No State law or action inconsistent with this article shall have any force or effect.
  5. No provision of this article shall be construed to limit individual rights or remedies otherwise available under this Constitution or the laws of the United States.

Plain Language

  1. The amendment works on its own. The moment it becomes part of the Constitution, people can use it. Congress does not have to pass another law first to “turn it on.” If someone violates it, a court can enforce it right away.
  2. Congress has the power to pass laws to carry out and enforce this amendment.
  3. Any U.S. citizen can go to federal court if they believe this amendment is being broken. They do not have to be a politician or a government official. Regular people are allowed to ask a judge to enforce it.
  4. Any State law or action that conflicts with this amendment has no legal effect.
  5. It does not take away any other rights people already have. It adds protections, but it does not reduce anything that already exists in the Constitution or other laws. If someone has another legal option to protect their rights, they can still use it.
Effective Date and Implementation

Legal text

  1. This article shall take effect immediately upon ratification.
  2. Congress shall provide for the funding necessary to implement this article through existing appropriations, budget reallocations, or reductions in other expenditures, and may not fund its implementation through fees, surcharges, or new taxes imposed on the general public. Nothing in this section shall be construed to prohibit Congress from adjusting tax policy applicable to higher‑income individuals or large corporations to meet these obligations.
  3. Within sixty days of ratification, the chief judges of the circuit courts of appeals shall select retired judge commissioners, the American Bar Association shall select attorney commissioners, and the chief justices of state supreme courts in each region shall select lay commissioners.
  4.  Within ninety days of ratification, the Commission shall be fully constituted and shall elect a Chair.
  5. If any selecting body fails to choose commissioners within sixty days, the chief justices of all state supreme courts, acting collectively, shall appoint temporary commissioners from the appropriate category to serve until permanent commissioners are selected.
  6. This article shall be inoperative unless ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within one year from the date of its submission to the States by the Congress.

Plain Language

  1. This starts immediately once voted in; no waiting period. 
  2. Congress has to pay for this amendment by using money it already has, by moving money around in the budget, or by cutting other spending. It cannot pay for this by charging new fees or creating new taxes on regular people. But Congress is still allowed to change tax rules for people with higher incomes or big corporations if it needs to cover the cost.
  3. Within sixty days after the amendment is approved, the chief judges of the federal courts of appeals must choose the retired judge members, the American Bar Association must choose the attorney members, and the chief justices of the state supreme courts in each region must choose the regular citizen members.
  4. Within ninety days after approval, the Commission must be fully formed and must choose one of its lay members to serve as Chair.
  5. If any of these groups fail to choose their commissioners within sixty days, the chief justices of all state supreme courts, working together, will appoint temporary commissioners from the correct category until permanent members are selected.
  6. It only becomes part of the Constitution if enough states approve it. Three-fourths of the states must vote yes. If that does not happen within one year after Congress sends it to the states, then the amendment fails and does not take effect at all.
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