Current Status Bill Number:4457 Type of Legislation:Concurrent Resolution CR Introducing Body:House Introduced Date:19980121 Primary Sponsor:Rodgers All Sponsors:Rodgers, Tripp, Altman, Littlejohn, Simrill, Meacham, Hinson, Allison, Bowers, Stuart, H. Brown, Loftis, Harrell, Witherspoon, Kennedy, Young-Brickell, Spearman, Barfield, McCraw, Kirsh, Davenport, Phillips, Kelley, Walker, Boan, Beck, Cato, Mason, Leach, Hamilton and Limehouse Drafted Document Number:gjk\21032dc.98 Companion Bill Number:887 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Federal court judges to be reconfirmed every ten years; Courts, Constitution of United States
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980325 Introduced, referred to Committee 11 SJ House 19980324 Adopted, sent to Senate House 19980319 Committee report: Favorable 24 HIMR House 19980121 Introduced, referred to Committee 24 HIMRView additional legislative information at the LPITS web site.
COMMITTEE REPORT
March 19, 1998
H. 4457
Introduced by Reps. Rodgers, Tripp, Altman, Littlejohn, Simrill, Meacham, Hinson, Allison, Bowers, Stuart, H. Brown, Loftis, Harrell, Witherspoon, Kennedy, Young-Brickell, Spearman, Barfield, McCraw, Kirsh, Davenport, Phillips, Kelley, Walker, Boan, Beck, Cato, Mason, Leach, Hamilton and Limehouse
S. Printed 3/19/98--H.
Read the first time January 21, 1998.
To whom was referred a Concurrent Resolution (H. 4457), to memorialize Congress to amend the Constitution of the United States, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
RICHARD M. QUINN, JR., for Committee.
TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO REQUIRE ALL FEDERAL COURT JUDGES TO BE RECONFIRMED BY THE UNITED STATES SENATE EVERY TEN YEARS, AND TO ENACT LEGISLATION ACCORDINGLY.
Whereas, Article III, Section 1 of the Constitution of the United States provides, in pertinent part, that the judges, both of the Supreme Court and such inferior courts as the Congress may from time to time ordain and establish, shall hold their offices during good behavior; and
Whereas, the interpretation of the laws is the proper and peculiar province of the courts, and the complete independence of the courts of justice is recognized as essential under our constitutional form of government, so as to ensure and preserve public confidence in the state and federal judicial systems, and in the stability of the rule of law; and
Whereas, lifetime tenure for judges during good behavior was intended to foster, aid, and protect the judges who must interpret and declare the sense of the law, but was never intended to shield judges from reasonable accountability for their excesses, neglects, or unwarranted judicial activism; and
Whereas, in the recent past, Congress has held hearings attempting to define judicial activism, and to determine the nature and extent of the impact of excesses, neglects, and judicial activism on the balance of powers under our constitutional form of government, and on public confidence in the stability of the rule of law, and will undoubtedly give further consideration to these matters in future sessions of Congress; and
Whereas, the Congress presently has legislation pending before it to address the problems arising from some judges' excesses, neglects, and judicial activism, including one or more proposed amendments to the Constitution. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Congress of the United States is hereby memorialized to amend the Constitution of the United States and submit to the states for ratification an amendment to require all federal court judges to be reconfirmed by the United States Senate every ten years, and to enact legislation accordingly.
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.