Why Do Supreme Court Justices Serve for Life?

Alex Wong, Getty Images
Alex Wong, Getty Images

There are few political appointments quite as important as a nomination to the U.S. Supreme Court. Unlike a cabinet secretary or an ambassador, justices serve for life. In the modern era, that often means more than three decades on the court—thanks to increased lifespans, justices appointed in the next century are expected to sit on the Supreme Court for an average of 35 years, compared to the average of around 16 years that judges served in the past. Because of this shift, some scholars have begun to question whether lifetime appointments are still appropriate, as the definition of “for life” has changed so much since the constitution was written. But why do justices serve for life, anyway?

Well, for one thing, the U.S. Constitution doesn’t exactly specify that justices and the court are in a “’til death do us part” relationship. Article III says that judges (of both the Supreme Court and lower federal courts) “shall hold their offices during good behavior.” So technically, a judge could be removed if they no longer meet the “good behavior” part of the clause, but there are otherwise no limits on their term. In practice, this means they have their seat for life, unless they are impeached and removed by Congress. Only 15 federal judges in U.S. history have ever been impeached by Congress—all lower court judges—and only eight have been removed from office, though some have resigned before their inevitable removal.

The only Supreme Court justice Congress has tried to impeach was Samuel Chase, who was appointed by George Washington in 1796. Chase was an openly partisan Federalist vehemently opposed to Thomas Jefferson’s Democratic-Republican policies, and he wasn’t afraid to say so, either in his role as a lower court judge or once he was appointed to the Supreme Court. In 1804, the House of Representatives, at then-president Jefferson’s urging, voted to impeach Chase, accusing him, among other things, of promoting his political views from the bench instead of ruling as a non-partisan judge. However, he was acquitted of all counts in the Senate, and went on to serve as a Supreme Court justice until his death in 1811.

The point of giving justices a seat on the bench for the rest of their lives (or, more commonly nowadays, until they decide to retire) is to shield the nation’s highest court from the kind of partisan fighting the Chase impeachment exemplified. The Supreme Court acts as a check against the power of Congress and the president. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government.

Justices can’t be fired if they make unpopular decisions, in theory allowing them to focus on the law rather than politics. Justices might be nominated because a president sees them as a political or ideological ally, but once they’re on the bench, they can’t be recalled, even if their ideology shifts. Some data, for instance, suggests that many justices actually drift leftward as they age, no doubt infuriating the conservative presidents that appointed them.

The lack of term limits “is the best expedient which can be devised in any government, to secure a steady, upright and impartial administration of the laws,” Alexander Hamilton wrote in the Federalist No. 78. The judiciary, he believed, “is in continual jeopardy of being overpowered, awed, or influenced by its coordinate branches,” and “nothing can contribute so much to its firmness and independence, as permanency in office.” Without lifetime job security, he argued, judges might feel obligated to bow to the wishes of the president, Congress, or the public, rather than confining their work strictly to questions of the Constitution.

While lifetime appointments may be a longstanding tradition in the U.S., this approach isn’t the norm in other countries. Most other democracies in the world have mandatory retirement ages if not hard-and-fast term limits for high court judges. UK Supreme Court justices face mandatory retirement at age 70 (or 75 if they were appointed before 1995), as do judges on Australia’s High Court. Canadian Supreme Court justices have a mandatory retirement age of 75, while the 31 justices of India’s Supreme Court must retire by the age of 65. Meanwhile, the oldest justice now on the U.S. Supreme Court, Ruth Bader Ginsburg, is currently 85 and kicking. Oliver Wendell Holmes Jr., the oldest justice in U.S. history, retired in 1932 at age 90.

Though the U.S. Supreme Court has never had term limits before, there have recently been serious proposals to implement them. Term limits, advocates argue, could combat partisan imbalances on the court. Presidents wouldn’t get to appoint justices purely based on whether someone died while they were in office, and the stakes for political parties nominating a justice would be slightly lower, possibly leading presidents and Congress to compromise more on appointments. One popular suggestion among political analysts and scholars is to impose an 18-year term limit, though critics note that that particular plan does bring up the potential that at some point, a single president could end up appointing the majority of the justices on the court.

In any case, considering such a change would likely require a constitutional amendment, which means it’s probably not going to happen anytime soon. For the foreseeable future, being on the Supreme Court will continue to be a lifetime commitment.

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Why Are There 10 Hot Dogs to a Pack But Only 8 Buns?

tacar/iStock via Getty Images
tacar/iStock via Getty Images

Watching competitive eating champion Joey Chestnut cram dozens of hot dogs down his throat would make anyone crave a grilled log of processed meat this summer. But shopping for hot dogs can be a confusing experience. The dogs are typically sold in packs of 10, but the buns are sold in packs of eight. What's behind this strange dog and bun inequality?

According to the National Hot Dog and Sausage Council—yes, there is a National Hot Dog and Sausage Council—there’s a good reason for the discrepancy. For starters, distributors of hot dogs are almost always different from manufacturers of baked goods like rolls. The hot dogs are sold in packs of 10 because producers of meat (or meat-like) products selected that quantity when hot dogs started to sell at retail grocery stores in the 1940s. Oscar Mayer, which led the charge into direct-to-consumer hot dog packaging, sold hot dogs by the pound in accordance with how meat is typically priced. Having 10 dogs that weighed 1.6 ounces each seemed like the ideal distribution of weight.

Bakeries, meanwhile, have standards of their own. Buns and sandwich rolls are usually sold eight to a pack because the baking trays for the elongated buns are typically sized to fit that number. Two sets of four buns come off the tray, which is the reason why buns are often still attached to one another when you open a bag.

These standards were created independently of one another: Bakeries weren’t too preoccupied with hot dogs when they were settling on a four-roll tray standard, and hot dog manufacturers weren’t thinking about how difficult it would be for bakeries to break from their conveyor system to offer 10 buns to a pack.

It can be frustrating if you buy just one or two packages of each, but if you’re hosting a big enough party, the uneven number doesn’t matter. You just need to buy five packages of buns and four packages of hot dogs to have 40 matching pairs. No complicated calculations required.

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When Are the Dog Days of Summer?

Dorottya_Mathe/iStock via Getty Images
Dorottya_Mathe/iStock via Getty Images

The official “dog days” of summer begin on July 3 and end on August 11. So how did this time frame earn its canine nickname? It turns out the phrase has nothing to do with the poor pooches who are forever seeking shade in the July heat, and everything to do with the nighttime sky.

Sirius, the Dog Star, is the brightest star in the sky. The ancient Greeks noticed that in the summer months, Sirius rose and set with the Sun, and they theorized that it was the bright, glowing Dog Star that was adding extra heat to the Earth in July and August.

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