Declaring that America’s Founding Fathers “did not anticipate judicial tyranny on this scale,” Sen. Ted Cruz, R-Texas, says he is proposing an amendment to the Constitution that would subject the nine U.S. Supreme Court justices to judicial retention elections every eight years.
Cruz blasted the court not only for the same-sex marriage and Obamacare decisions this week, but also for “a long line of judicial assaults on our Constitution and the common-sense values that have made America great.”
“During the past 50 years, the Court has condemned millions of innocent unborn children to death, banished God from our schools and public squares, extended constitutional protections to prisoners of war on foreign soil, authorized the confiscation of property from one private owner to transfer it to another, and has now required all Americans to purchase a specific product, and to accept the redefinition of an institution ordained by God and long predating the formation of the Court,” he wrote.
“The time has come, therefore, to recognize that the problem lies not with the lawless rulings of individual lawless justices, but with the lawlessness of the Court itself,” he wrote. “The decisions that have deformed our constitutional order and have debased our culture are but symptoms of the disease of liberal judicial activism that has infected our judiciary.”
That remedy, he said, should render justices directly accountable to the people. “It also restores respect for the rule of law to courts that have systematically imposed their personal moral values in the guise of constitutional rulings.
Cruz’s amendment would make it so every justice – beginning with the second national election after his or her appointment – is subject to a retention election every eight years.
“Those justices deemed unfit for retention by both a majority of the American people as a whole and by majorities of the electorates in at least half of the 50 states will be removed from office and disqualified from future service on the Court,” he explained.
And if Congress doesn’t pass Cruz’s amendment, he said, “then the movement from the people for an Article V Convention of the States – to propose the amendments directly – will grow stronger and stronger.”