Proposing an amendment to the Constitution of the United States to establish a Constitutional Court, restructure the Supreme Court, impose term limits and mandatory retirement for justices, define the jurisdiction and authority of each court, and provide for transition of sitting justices.
...the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. [...] It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
The judges in England are under the control of the legislature, for they are bound to determine according to the laws passed by them. But the judges under this constitution will controul the legislature, for the supreme court are authorised in the last resort, to determine what is the extent of the powers of the Congress; they are to give the constitution an explanation, and there is no power above them to set aside their judgment.
Why This Amendment?
Lifetime Appointments
Justices serve for life with no term limits. A single president can shape the court for decades. Justices time their retirements to let their preferred party choose their replacement. The court becomes a political prize, not an impartial institution.
No Mandatory Retirement
Justices can serve into extreme old age with no fitness requirement. Mental decline does not trigger removal. There is no standard for when a justice is no longer capable.
Political Confirmation Battles
Supreme Court nominations have become partisan warfare. The Senate has blocked nominees, rushed confirmations, and changed its own rules depending on which party benefits. The process rewards political maneuvering, not judicial qualification..
No Check on Constitutional Interpretation
The Supreme Court decides what the Constitution means with no appeal. The Constitution does not give the Court this power—the Court gave it to itself in 1803. If the Court overreaches (which it has MANY times), the only options are a constitutional amendment—which requires supermajorities—or waiting for justices to die or retire. Congress and the states have no meaningful check on a power the Court was never supposed to have.
No Separation of Constitutional Questions
The same court that hears ordinary appeals also decides fundamental constitutional questions. Other democracies separate these functions. A constitutional court focuses only on whether laws and actions violate the constitution. The United States combines everything in one court.
Discretionary Review
The Supreme Court chooses which cases to hear. Most appeals are rejected without explanation. This means the Court is not supervising lower courts the way Article III requires. Thousands of cases go unheard. Justice depends on whether nine people feel like taking your case.
Rulings Replace Amendments
When the Supreme Court interprets the Constitution, that interpretation becomes the law of the land. This means nine unelected justices—or just five in a majority—can change what rights Americans have. The Court has become a substitute for the amendment process. A small group controls the rights of the people without the people having any say.
Term Limits
Justices serve fixed terms instead of life appointments. No single president dominates the court for generations. Regular turnover keeps the court connected to the present, not locked into the past. Fixed terms also reduce decision fatigue and cognitive biases that develop over decades on the bench.
Mandatory Retirement
Justices must retire at a set age. The court does not depend on individual decisions about when to leave. Fitness is guaranteed by the system, not left to chance. Most countries require this in their Constitutions.
Depoliticized Confirmations
A structured appointment process reduces partisan gamesmanship. Nominations follow predictable schedules. The Senate cannot manipulate timing for political advantage.
A Separate Constitutional Court
A new Constitutional Court handles only questions about what the Constitution means. It reviews laws for constitutionality, resolves disputes between branches and between states and the federal government, and protects fundamental rights. The Supreme Court continues hearing other federal cases and reduces the caseload on the court.
Check on Constitutional Interpretation
If the Constitutional Court strikes down a law, Congress can respond. This does not mean Congress overrules the court—but it creates dialogue instead of one branch having the final word with no recourse.
Mandatory Review
The Supreme Court must hear certain categories of cases instead of choosing which appeals to accept. Lower courts receive proper supervision. Citizens do not lose access to justice because nine people declined to take their case.
Separation of Lawmaking and Interpretation
Constitutional interpretation stays with the courts. But when a ruling effectively creates new law or expands rights beyond the Constitution's text, Congress and the states have a structured response. The people—through their elected representatives—retain final say over what rights they have. Nine justices do not replace the amendment process.
President Roosevelt threatened to expand the court after it struck down New Deal laws. The court reversed course. The crisis showed the court responds to political pressure despite claims of independence.
This proposal restructures federal courts only. States keep their own court systems and decide how state judges are chosen and how long they serve.
The proposal creates a Constitutional Court for federal constitutional questions and restructures the Supreme Court with term limits and mandatory retirement. These changes affect only the national judiciary.
Every other major democracy with judicial review has a separate constitutional court. Germany, France, Italy, Spain, South Korea, and others keep constitutional interpretation in a specialized court with fixed terms. The United States is the only one where life-tenured generalist judges have unreviewable final say over constitutional meaning. This proposal brings America in line with international practice for constitutional adjudication.
Judicial Composition & Authority
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.
Establishment of Courts
Legal text
- The judicial power of the United States shall be vested in a Constitutional Court, a Supreme Court, and such inferior courts as Congress may from time to time ordain and establish.
- The Constitutional Court shall be composed of eleven justices, including a Chief Justice of the Constitutional Court.
- The Supreme Court shall be composed of nine justices, including a Chief Justice of the United States.
- The number of justices on either court shall not be altered except by constitutional amendment.
Plain Language
- The judicial power of the United States belongs to three levels of federal courts: a Constitutional Court, a Supreme Court, and any lower federal courts that Congress creates.
- The Constitutional Court will have eleven justices, including its own Chief Justice.
- The Supreme Court will have nine justices, including the Chief Justice of the United States.
- The number of justices on either court cannot be changed unless the Constitution itself is amended.
Terms of Office
Legal text
- Justices of the Constitutional Court and Supreme Court shall serve a single term of eighteen years. No person who has served a full term on either court may be appointed to any seat on either court thereafter.
- No justice shall remain in office after attaining the age of seventy-five years.
- A vacancy occurring for any reason shall be filled for a full eighteen-year term.
- A justice whose term expires or who is required to retire due to age shall continue to serve until a successor is confirmed, but in no case longer than one hundred eighty days.
Plain Language
- Each justice on the Constitutional Court and the Supreme Court serves one term of eighteen years. After finishing a full term on either court, that person cannot be appointed again to either court.
- No justice may stay in office after turning seventy-five years old.
- If a seat becomes empty for any reason, the new justice who is appointed will serve a full eighteen-year term.
- If a justice’s term ends or they must retire because of age, they may stay on the court until a replacement is confirmed, but not for more than one hundred eighty days.
Jurisdiction of the Constitutional Court
Legal text
- The Constitutional Court shall have jurisdiction over:
(1) All claims arising under this Constitution alleging violation of individual rights;
(2) All questions concerning the structure, separation, or powers of the federal government or the relationship between the federal government and the States under this Constitution;
(3) All challenges to the constitutionality of any federal law or executive action;
(4) All determinations regarding political parties under Amendment II;
(5) All claims alleging that a federal court violated constitutional rights in its procedures or process. - The Constitutional Court shall review the following matters without discretion to decline:
(1) Any case in which a lower federal court has declared a federal law unconstitutional;
(2) Any case presenting a question of constitutional interpretation on which the circuit courts of appeals are in conflict;
(3) Any case in which a petitioner alleges that a federal court’s procedure or process violated the petitioner’s constitutional rights. - The Constitutional Court may organize itself into panels of no fewer than three justices to screen petitions and resolve claims presenting settled questions of constitutional law. Panels may dismiss petitions or grant relief unanimously. Any petition not unanimously resolved by a panel shall be heard by the full court.
- All decisions of the Constitutional Court, including denials of review where permitted, shall include a written explanation of the court’s reasoning.
Plain Language
- The Constitutional Court has the power to decide:
(1) All cases where someone says their rights under the Constitution were violated;
(2) All cases about how the federal government is set up, how its powers are divided, and how the federal government and the states relate to each other under the Constitution;
(3) All cases that challenge whether a federal law or a President’s action is constitutional;
(4) All decisions about political parties under Amendment II;
(5) All cases where someone says a federal court’s procedures violated their constitutional rights. - The Constitutional Court must hear these kinds of cases. It is not allowed to refuse them:
(1) Any case where a lower federal court said a federal law is unconstitutional;
(2) Any case where different federal appeals courts disagree about what the Constitution means;
(3) Any case where someone claims a federal court’s process violated their constitutional rights. - The Constitutional Court may split into smaller groups of at least three justices to handle petitions and easier cases where the constitutional answer is already settled. These panels can dismiss a petition or grant relief only if all the justices on the panel agree. If the panel cannot all agree, the whole court must hear the case.
- Every decision by the Constitutional Court must include a written explanation of why it decided that way, including when it refuses review in situations where refusal is allowed.
Jurisdiction of the Supreme Court
Legal text
- The Supreme Court shall have jurisdiction over:
(1) The interpretation of federal statutes;
(2) Disputes arising under federal regulatory and administrative law;
(3) Admiralty and maritime matters;
(4) Bankruptcy;
(5) Federal criminal law not involving constitutional claims;
(6) Patents, copyrights, and intellectual property;
(7) Disputes between States not arising under this Constitution;
(8) All other matters of federal law not assigned to the Constitutional Court. - The Supreme Court shall review the following matters without discretion to decline:
(1) Any case presenting a question of statutory interpretation on which the circuit courts of appeals are in conflict;
(2) Any case in which a lower federal court has invalidated a federal regulation or administrative action;
(3) Any case in which the United States is a party and the Solicitor General petitions for review. - The Supreme Court may organize itself into panels of no fewer than three justices to screen petitions and resolve claims presenting settled questions of law. Panels may dismiss petitions or grant relief unanimously. Any petition not unanimously resolved by a panel shall be heard by the full court.
- All decisions of the Supreme Court, including denials of review where permitted, shall include a written explanation of the court's reasoning.
- Where a case presents both constitutional and non-constitutional questions, the Constitutional Court shall hear the constitutional claims and may certify remaining questions to the Supreme Court, or retain jurisdiction over the entire matter in the interest of judicial economy.
Plain Language
- The Supreme Court has the power to decide cases about:
(1) What federal laws mean;
(2) Disputes involving federal rules and government agencies;
(3) Issues about ships, oceans, and maritime law;
(4) Bankruptcy cases;
(5) Federal criminal cases that do not involve constitutional issues;
(6) Patents, copyrights, and other intellectual property;
(7) Disputes between states that are not about the Constitution;
(8) Any other federal law matters that are not assigned to the Constitutional Court. - The Supreme Court must hear these types of cases. It is not allowed to refuse them:
(1) Any case where different federal appeals courts disagree about what a federal law means;
(2) Any case where a lower federal court has struck down a federal regulation or action by a government agency;
(3) Any case where the United States government is involved and the Solicitor General asks the Court to review it. - The Supreme Court may form smaller groups of at least three justices to review petitions and decide cases where the law is already settled. These panels can dismiss a petition or grant relief only if all the justices on the panel agree. If they do not all agree, the full Court must hear the case.
- Every decision of the Supreme Court must include a written explanation of why the Court ruled that way, including when it decides not to take a case in situations where it is allowed to decline review.
- If a case includes both constitutional and non-constitutional issues, the Constitutional Court will decide the constitutional parts. It may send the remaining legal questions to the Supreme Court, or it may keep the whole case if that makes the process more efficient.
Judicial Authority and Limitations
Legal text
- The Constitutional Court shall have authority to declare any federal law or provision thereof unconstitutional by majority vote. A law declared unconstitutional shall have no force or effect.
- Congress may restore a law declared unconstitutional by vote of two-thirds of both the House of Representatives and the Senate, provided such vote occurs within one year of the decision declaring the law unconstitutional. A law so restored may be subject to future constitutional challenge upon a substantial change in circumstances or legal reasoning.
- No precedent of the Constitutional Court or Supreme Court that has stood for ten years or more shall be overturned except by a vote of no fewer than three-fourth of the justices of the court that established the precedent.
- For purposes of subsection (c), the date of precedent shall be the date of the original decision, not the date of any subsequent decision affirming or applying that precedent.
Plain Language
The Constitutional Court can strike down a federal law if most of its justices vote that it violates the Constitution. Once the Court does that, the law no longer counts and cannot be enforced.
Congress can bring that law back if two-thirds of both the House and the Senate vote to restore it within one year of the Court’s decision. Even then, the law can still be challenged again in the future if important facts or legal reasoning change.
If a decision from the Constitutional Court or the Supreme Court has been in place for ten years or longer, it cannot be overturned unless at least three-fourth of the justices on that same court vote to overturn it.
The ten-year clock starts from the date the original decision was issued, not from later cases that repeated or relied on that decision.
Transition and Reassignment
Legal text
- Upon ratification, any justice of the Supreme Court who has attained the age of seventy-five years shall retire within one hundred eighty days.
- Within ninety days of ratification, each justice of the Supreme Court who has not retired under subsection (a) shall submit to the Judicial Selection Commission a statement indicating whether such justice seeks assignment to the Constitutional Court or the Supreme Court as reconstituted under this article.
- The Commission shall review each justice’s qualifications, judicial record, and expertise, and shall assign each justice to the Constitutional Court or Supreme Court based on:
(1) The justice’s stated preference;
(2) The justice’s demonstrated expertise in constitutional law or statutory interpretation;
(3) The justice’s compliance with all ethics and disclosure requirements established by this Constitution;
(4) The needs and balance of each court. - No sitting justice shall be entitled to assignment to their preferred court. The Commission’s assignment decision shall be final.
- Any justice who fails to submit a preference within ninety days, or who fails to meet the ethics and disclosure standards required of all judicial nominees, shall be deemed to have retired.
- Upon assignment of sitting justices, the Commission shall fill remaining vacancies on both courts through the standard nomination process established in the Judicial Qualification and Selection Amendment.
Plain Language
- When this amendment takes effect, any Supreme Court justice who is already seventy-five years old must retire within one hundred eighty days.
- Within ninety days after the amendment is approved, every Supreme Court justice who is still eligible must tell the Judicial Selection Commission whether they want to serve on the new Constitutional Court or remain on the restructured Supreme Court.
- The Commission will review each justice’s background, past decisions, and areas of expertise. It will assign each justice to one of the two courts based on:
(1) The justice’s preference;
(2) Whether their experience is stronger in constitutional law or in interpreting regular federal laws;
(3) Whether they have followed all required ethics and disclosure rules;
(4) What each court needs to function properly and remain balanced. - A justice is not guaranteed a spot on the court they prefer. The Commission’s decision about where each justice is assigned is final.
- If a justice does not submit their preference within ninety days, or does not meet the required ethics and disclosure standards, that justice is treated as having retired.
- After current justices are assigned, the Commission will fill any remaining open seats on both courts using the normal nomination process set out in the Judicial Qualification and Selection Amendment.
Enforcement
Legal text
- The rights secured by this article are self-executing and shall not require enabling legislation to be enforceable.
- Congress shall have power to enforce this article by appropriate legislation.
- Any citizen of the United States shall have standing to bring suit in any federal court to enforce the provisions of this article.
- No State law or action inconsistent with this article shall have any force or effect.
- 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
- 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.
- Congress has the power to pass laws to carry out and enforce this amendment.
- Any candidate or political party whose rights under this amendment are denied may file a lawsuit in federal court to ask a judge to stop the violation.
- Any State law or action that conflicts with this amendment has no legal effect.
- 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
- This article shall take effect immediately upon ratification.
- 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.
- The mandatory retirement age established in Section 2(b) and the limitations on judicial authority established in Section 5 shall apply immediately upon ratification.
- Within sixty days of ratification, the Judicial Selection Commission established in the Judicial Qualifications and Selection Amendment shall be constituted and sitting justices shall be notified of the requirement to submit preference statements under Section 6(b).
- Within one hundred eighty days of ratification, all justices who have attained the age of seventy-five years shall retire, the Commission shall complete review and assignment of remaining justices, and the Commission shall nominate candidates for all vacant seats on both courts.
- Within one year of ratification, the Constitutional Court and the Supreme Court shall be fully constituted and operational.
- If the Commission is not constituted within sixty days, the chief justices of the state supreme courts, acting collectively, shall appoint temporary commissioners. If either court is not fully constituted within one year, the chief justices of the state supreme courts shall appoint temporary justices with full judicial authority until permanent justices are confirmed.
- 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
- This starts immediately once voted in; no waiting period.
- 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.
- The rule that judges must retire at age seventy-five, and the new limits on their authority, take effect right away once the amendment is approved.
- Within sixty days after approval, the Judicial Selection Commission must be formed. Current justices must be officially told that they need to state which court they prefer to serve on.
- Within one hundred eighty days, all justices who are seventy-five or older must retire. The Commission must finish reviewing and assigning the remaining justices and must nominate people to fill all open seats on both courts.
- Within one year, both the Constitutional Court and the Supreme Court must be fully staffed and operating.
- If the Commission is not formed within sixty days, the chief justices of the state supreme courts will step in and appoint temporary commissioners. If either court is still not fully staffed within one year, those state chief justices will appoint temporary justices with full authority until permanent justices are confirmed.
- 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.
Provisional Voting
These options exist because some provisions in this amendment have more than one legitimate solution. The draft reflects what comparative research and international precedent suggest is the strongest approach — but reasonable people can disagree on implementation.
You get one vote per poll. You are not required to vote on any of them. Only vote if you believe the current draft language should change. If none of the listed options reflect your position, you can submit an alternative in the discussion below.
Questions and Consideration
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