South Carolina General Assembly
113th Session, 1999-2000

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Bill 3246


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3246
Type of Legislation:              Concurrent Resolution CR
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Rodgers 
All Sponsors:                     Rodgers 
Drafted Document Number:          l:\council\bills\jic\5019djc99.doc
Companion Bill Number:            280
Residing Body:                    Senate
Current Committee:                Invitations and Memorial Resolutions 
                                  Committee 24 HIMR
Subject:                          Federal court judges, to ratify amendment 
                                  to U.S. Constitution requiring judges be 
                                  reconfirmed every ten years


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990203  Adopted, sent to Senate
House   19990112  Introduced, referred to Committee      24 HIMR


                             Versions of This Bill

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 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.

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