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Bill 101

                    Current Status

Bill Number:                      101
Type of Legislation:              Concurrent Resolution CR
Introducing Body:                 Senate
Introduced Date:                  20010110
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson, Grooms, Hayes, Richardson, 
                                  Verdin, Elliott, Branton
Drafted Document Number:          l:\council\bills\swb\5065djc01.doc
Companion Bill Number:            3189
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Federal court judges, to be reconfirmed 
                                  by U.S. Senate every ten years; Courts, 
                                  Federal Government, Constitution of U.S.


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020529  Recommitted to Committee               11 SJ
------  20010308  Scrivener's error corrected
Senate  20010307  Committee report: majority             11 SJ
                  favorable, minority unfavorable
------  20010117  Companion Bill No. 3189
Senate  20010110  Introduced, referred to Committee      11 SJ


              Versions of This Bill
Revised on March 7, 2001 - Word format
Revised on March 8, 2001 - Word format

COMMITTEE REPORT

March 7, 2001

    S. 101

Introduced by Senators Wilson, Grooms, Hayes, Richardson, Verdin, Elliott and Branton

S. Printed 3/7/01--S.    [SEC 3/8/01 2:00 PM]

Read the first time January 10, 2001.

    To whom was referred a Concurrent Resolution (S. 101) 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, etc., respectfully

    That they have duly and carefully considered the same and recommend that the same do pass:

Majority favorable.    Minority unfavorable.

ADDISON G. WILSON    MAGGIE W. GLOVER

For Majority.    For Minority.

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.

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