Type of Thesis
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.
The Supreme Court of the United States truly decides what the law is. It is the final say in any legal battle, and as a result, it is in many ways more powerful than either the legislative or executive branches of the United States government. It performs an important check on both of those branches and serves a vital function in the democracy of the United States. But its current structure leaves something to be desired. There are too few justices, and life tenure is a mistake. Plus those justices represent a very geographically narrow selection of the country’s judiciary branch. In this paper, I discuss the Supreme Court’s history as well as a selection of its most important cases, and I offer a potential new structure for America’s highest court that contains more justices, term limits, and a geographically representative selection of Justices. After comparing this proposed structure with that of three other countries, I ultimately find that the implementation of this new structure could be accomplished in one of three possible ways: through Constitutional amendment, through statute, or through the creation of an entirely new Court of Appeals subordinate to the current Supreme Court.
McNearney, Ross, "Beyond “Good Behaviour”: A Plan to Restructure the Supreme Court of the United States" (2019). Undergraduate Honors Theses. 1845.
American Politics Commons, Constitutional Law Commons, Courts Commons, Ethics and Political Philosophy Commons, Judges Commons, Law and Philosophy Commons, Other Philosophy Commons, Political Theory Commons, Supreme Court of the United States Commons