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The Balanced Government Amendment

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The Balanced Government Amendment

A Modest Proposal to Restore Balance to Our System of Government


The Text of the Amendment:

  • The Supreme Court shall consist of not more than thirteen Justices.
  • The Justice with the longest cumulative tenure shall be the Chief Justice. In the event of a tie, the elder shall be the Chief Justice.
  • Each year three States, selected in sequential alphabetical order, shall each appoint one Justice to the Supreme Court.
  • The appointment shall be made by the State Governor and ratified by the State Legislature.
  • If a State fails to appoint a Justice within thirty days, that State shall forfeit its turn to the next eligible State such that three States nonetheless each appoint one Justice in a given year.
  • A currently sitting or retired Supreme Court Justice may be appointed by a State. In this event, that Justice's current tenure will be reset to zero and the Justice's cumulative tenure will continue to accrue.
  • In the event that the number of Supreme Court Justices exceeds thirteen, the Justice or Justices with the greatest current tenure shall be retired. In the event of a tie, the elder shall be retired.
  • Upon adoption of this Amendment, the senior Senator from each State shall select the first State to appoint a Supreme Court Justice by a method of random chance performed on the Senate floor. Thereafter the States shall continue to be selected in alphabetical order.

Please see a discussion of the Amendment on the Blog tab above


Richard Durbin


Richard Durbin


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