Proposing an amendment to the Constitution of the United States to provide for term limits for justices of the Supreme Court.

The proposal of an amendment to the Constitution by joint resolution of Congress, as here referred to the House Committee on the Judiciary, follows the prescribed mode of amendment. Article V empowers Congress, upon the concurrence of two-thirds of both Houses, to propose amendments without limitation save the equal suffrage of States in the Senate. Such a proposal alters the tenure of judicial offices under Article III, Section 1, from 'during good Behaviour' to term limits, a change permissible through the amendatory process to adapt the frame of government to republican exigencies. While ju…

The proposal of an amendment to the Constitution by a joint resolution of Congress is expressly authorized by the text of Article V, which empowers Congress, upon the concurrence of two-thirds of both Houses, to propose amendments. This process respects the sovereign right of the people to alter their fundamental charter through deliberate means. While Article III, Section 1 establishes that judicial offices shall be held during good Behaviour, nothing in the Constitution prohibits an amendment from modifying this provision to introduce term limits, as the amendment process itself is the supre…

The introduction and referral to committee of a joint resolution proposing an amendment to the Constitution is a constitutional exercise of congressional authority. Article V expressly empowers Congress, whenever two-thirds of both Houses deem it necessary, to propose amendments to the Constitution. This process commences with introduction in either House and committee deliberation, governed by the constitutional grant to each House to determine the Rules of its Proceedings (Article I, Section 5). While the substance of judicial tenure during good Behaviour secures independence from legislativ…

The proposed resolution invokes the express power of Congress under Article V to propose amendments to this Constitution upon a vote of two-thirds in both Houses. This authority admits no exception prohibiting alterations to the tenure of judicial offices described in Article III, Section 1, as the amendatory process is the prescribed means to modify the frame of government established by the people. In Marbury v. Madison (1803), this Court affirmed the supremacy of the Constitution and the duty of judicial review, yet such review yields to the deliberate mechanism of Article V, which empowers…