THE UNFUNNY JOKE

Our Constitution needs to be amended. Articles II and III dealing with the appointment of judges to the U. S. Supreme Court. Here's why:

1. The growing belief that the Constitution is a "living document", to be seen not as a statement of enduring principles but as to be interpreted by the sway of changing times, places undue and inappropriate importance on the subjective beliefs and attitudes of individual members of the Court.

2. The appointment of new judges by the President and the consent of Senate members has become a politically-based, rather than a judicially-based, matter. Particularly true when, as now, the President and majority of Senators are of the same political party.

3. The appointment of judges for life was likely meant to keep them independent of political pressures by excluding them from the need to be re-appointed after a period of years. That may have made sense in 1776 when life expectancy was 35 years, but no longer true today with life expectancy is at 75(M)-80(F) years. And the pressure can be avoided by simply setting a specific period for service on the Bench (eg, 6 years, 10 years), with no re-appointments possible.

Judges appointed today can be expected to remain on the Court for decades...too great a power to give the President and Senators in a separation-of-powers government. And because of the for-life appointments, we can anticipate having some senile, doddering, dotards sitting as judges making vital decisions. Have some now and they aren't even all that old.

4. No requirements for service on the Supreme Court is required. No minimum age requirement, no educational requirements, no prior experience as a judge required. Odd. Few of us would hire someone who has never repaired one before, to fix that clogged and leaking toilet bowl in our home. But experience as a jurist for a Supreme Court nominee? Nah!

I am not 100% certain yet how to solve all of these critical problems, but solve them we must. Our future, the future of our country, depends on it. Send me your genius solutions to one or all of the problems I have outlined above and I will be happy to post them.

Listening to the Senate confirmation hearings going on today, a nominee's sense of humor seems to rank higher in importance to the Senators than top level, astute, legal wisdom. (Come to think of it, how would they possibly recognize that even if it hit them in the face?) And their priorities shouldn't surprise me. The whole confirmation thing is a public relations joke.

Problem is: the joke's on us.