Grass roots Convervative action by the John Birch Society

House Democrats, in their war against constitutionalist jurisprudence, are seeking to enact term limits on the Supreme Court in direct violation of the United States Constitution and stealthily pack the Court to nullify the ongoing constitutionalist restoration of the body.

On September 29, 2020, U.S. Representatives Ro Khanna (D-Calif.; 24% Freedom Index score), Joe Kennedy III (D-Mass.; 22% Freedom Index score), and Don Beyer (D-Va.; 15% Freedom Index score) introduced the Supreme Court Term Limits and Regular Appointments Act of 2020 (H.R. 8424). If enacted into law, the bill would limit the terms of U.S. Supreme Court justices to eighteen years and mandate the appointment of exactly two justices per presidential term, in the first and third years, respectively.

H.R. 8424 is a blatantly unconstitutional bill riddled with various provisions that directly violate the Constitution’s clear meaning.

Most obviously, the bill’s statutory imposition of term limits on Supreme Court justices contradicts the Constitution’s text. Article III, Section 1, of the U.S. Constitution states that “[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.” As a result, as long as judges are acting and interpreting the Constitution properly and with great care, they shall serve for life if they so choose.

Additionally, H.R. 8424 stealthily authorizes presidents to pack the Supreme Court, thus nullifying the ongoing restoration of the Supreme Court through the appointment of justices who are more faithful to the Constitution than their “living constitution” predecessors. As noted in SCOTUSblog, and as page 2 of the bill confirms, while current Supreme Court justices are exempt from the 18-year term limit, the mandated biennial appointing of justices shall begin immediately. Assuming no current justices retire in the next eight years, this would mean the Supreme Court would expand to eleven justices in four years and thirteen justices in eight.

Leftist Democrats and other opponents of the U.S. Constitution have become increasingly supportive of expanding the Supreme Court’s size as an increasing number of justices who lean originalist and textualist have been appointed. This idea, originally threatened in 1937 by President Franklin Roosevelt to nullify the Court’s then-constitutionalist majority, is again being proposed to prevent a restoration of constitutionalist jurisprudence and roll back existing constitutionalist victories. Already, Democrats are creating a list of Constitution-hating judicial activists to appoint in the event they take power, and left-wing organizations, including those funded by George Soros, are campaigning to make this reality.

However, originalism and textualism – interpreting the Constitution in an objective manner, in total submission to its original meaning and the founders’ principles – is the only legitimate method one can interpret it. Enemies of the Constitution and the Founding Fathers’ values, unable to blatantly abolish it, instead seek to usurp and nullify it through reinterpretation based on the subjective desires of activist judges and other cultural Marxists.

It is imperative that we preserve and restore our Constitutional Republic, including through proper judicial behavior and fidelity to the Constitution. Urge your U.S. representative and senators to oppose the unconstitutional and dangerous H.R. 8424, should it come to a vote.

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