A More Perfect Constitution Conceptual Paper

Introduction

In a more Perfect Constitution, Larry Sabato advocates for a constitutional convention to revamp the constitution of the United States substantially. He says that over the past 220 years seventeen constructional amendments have been made, following the bill of rights. He mentions that the current constitutional convention is behind schedule, yet the former leaders of the United States could have wished for. In that case, he proposed 23 way of constitutional revision.

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Not all ideas from the states are worth implementing at the central government. The Supreme Court has shown some arrogance indicated by the process of judicial election posing a lot of questions. They also lack accountability. The independence of the judiciary should be respected but only to some extent. Judicial candidates attack their opponents on personal levels. The preceding judicial candidates may staggeringly take positions especially on issues presented to the court. Contrary to the states, no such problems are encountered at the federal level since the judges are nominated by the president while the Senate confirms or rejects it; although currently, the federal court has gone into a division for various reasons (Sabato 116).

Several changes should be done to the federal judiciary. For example, the lifetime tenure should be exterminated. Interested people are already pushing for the federal judges not to be allowed to have tenure for life by the constitution which says that judges should only maintain their official position if they keep up good behavior. Some observers have noted that devotion from any nominee could be appealed by the president or the Senate to serve for a short period. Such kind of content may not be lawful, and it is rare to find a circumstance that will push a president or Senate to take such action of requesting for a limited time (Pautz 651). Since the system of lifetime tenure is deeply rooted, only an amendment of the constitution can change the practice.

The disadvantages of having lifetime tenure are that the senior judges stand for the views of the past and outlook the current situations. It is also contributed by the appointment of youths and a long-serving period. Therefore an exhaustible period of 15 years is a captivating change, and this would have a bearing on every federal judge. The districts and appellate judges getting close to the end of the limited 15 years could seek for an increment of five years from the Senate. For the other judges at the lower-court nearing the end of their serving period, they may not be required to apply for an extension of their period. The Senate will be needed to reestablish the judges by considering the majority votes for those who seek for the extension of their period ("CHAPTER 3. (The Ordeal of the Constitution" 295).

Franklin D. Roosevelt came up with the idea of increasing the members of the Supreme Court after being elected as the president in 1936. In his proposal, the law should add one justice for every justice over 70 years with a minimum of six added justices. His motive was aimed at shaping the ideal equilibrium of the court so that it will avoid knocking down his new ideological legislation. His plan was however heavily criticized. The idea was not implemented, and he lost his political strength for proposing it. Shortly afterward the court accepted many regulations from the government which had been found previously to be unconstitutional.

Larry Sabato brings up FDRs court-packing since he sees it as unconstitutional. Court-packing is a move by a sitting president to overrule the equality by selecting on the members of his party to the Courts. This will only incorporate the president's idea and go against the division of power as stated by the constitution (Sabato 121). A Supreme Court justice cannot be removed from power following a disagreement with the president nor do they have a mandatory retirement age. This move would have brought down the independence of the judicial branches.

Larry Sabato suggests that the problem of the Supreme Court humbly going to Congress should be solved by calling on the public to discuss on the constitutional amendments. He suggests the survey of the political system in America. This will ensure that the Congress will be adequate in representing the pressing issues of the people. An appealing authority has dealt much on the hand of the federal court, more so on the Supreme Court such that it becomes difficult for them to understand that the founders could not have given them some limits if they had realized how the court would change in the course of time (Sabato 118).

Conclusion

In conclusion, the amendment to the constitution is a sensitive process. Each proposal could be validated by 2 out of 3 of each house of Congress and a three-quarter of each senate-house. And the proposal would require the cooperation of every state. The people ought to take forward the debate on the revision of the constitution and connect the citizens of one mind to take part in a move to amend the constitution and change the government for the good of the American community.

Works Cited

"CHAPTER 3. The Ordeal of the Constitution." Our More Perfect Union,

Pautz, Michelle C. "Challenging the Constitution: Convening a Mock Constitutional Convention for American Government Students." PS: Political Science & Politics, vol. 44, no. 03, 2011, pp. 648-651.

Sabato, Larry. A More Perfect Constitution: Why the Constitution Must Be Revised : Ideas to Inspire a New Generation. 2008.