Bill 887

                    Current Status

Bill Number:                       887
Type of Legislation:               Concurrent Resolution CR
Introducing Body:                  Senate
Introduced Date:                   19980114
Primary Sponsor:                   Wilson
All Sponsors:                      Wilson, Lander, Reese, Hayes
                                   and McConnell
Drafted Document Number:           kgh\15336dc.98
Companion Bill Number:             4457
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Federal court judges to be
                                   reconfirmed every ten years,
                                   Constitution of United States,
                                   Courts

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19980114  Introduced, referred to Committee        11 SJ
Senate  19971215  Prefiled, referred to Committee          11 SJ

A CONCURRENT RESOLUTION

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 Senate, the House of Representatives 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.