In the face of increasing threats to Americaâs democratic institutions, I am calling for three bold reforms to restore trust and accountability to the Supreme Court and our democracy.
First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office. I share our Foundersâ belief that the presidentâs power is limited, not absolute. We are a nation of lawsânot of kings or dictators.
Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the courtâs membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.
Third, Iâm calling for a binding code of conduct for the Supreme Court. This is common sense. The courtâs current voluntary ethics code is weak and self-enforced. Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.
All three of these reforms are supported by a majority of Americansâas well as conservative and liberal constitutional scholars. In America, no one is above the law. In America, the people rule.