By Shields H.J.R. No. 87
74R2456 CCK-D
A JOINT RESOLUTION
1-1 applying to the Congress of the United States to call a convention
1-2 for the specific and exclusive purpose of proposing an amendment to
1-3 the Constitution of the United States to specify twelve-year terms
1-4 of service for justices of the United States Supreme Court and for
1-5 judges of federal courts inferior thereto.
1-6 WHEREAS, Article V of the United States Constitution provides
1-7 that the legislatures of the several states may apply to the United
1-8 States Congress for a convention for the purpose of proposing
1-9 alterations in that constitution; and
1-10 WHEREAS, When the legislatures of at least two-thirds of the
1-11 states have applied for a convention, the calling of a convention
1-12 becomes mandatory upon the congress; and
1-13 WHEREAS, It is imperative that the judicial branch of the
1-14 federal government be accountable and properly adherent to the laws
1-15 of the United States and of the individual states and their
1-16 political subdivisions, where such laws are consonant with the
1-17 United States Constitution; and
1-18 WHEREAS, Prescribing specific terms of service for justices
1-19 of the United States Supreme Court and for judges serving in the
1-20 federal court system is an excellent and efficient means of
1-21 establishing greater accountability and adherence to the laws; now,
1-22 therefore, be it
1-23 RESOLVED, That the 74th Legislature of the State of Texas,
1-24 Regular Session, 1995, hereby make application to the United States
2-1 Congress to propose and submit to the states an amendment to the
2-2 United States Constitution to institute twelve-year terms of office
2-3 for justices of the United States Supreme Court and for judges
2-4 serving in the federal court system or, alternatively, to call a
2-5 convention under Article V of the United States Constitution for
2-6 the sole, specific, and exclusive purpose of proposing such an
2-7 amendment; and, be it further
2-8 RESOLVED, That the congress--or delegates to the convention,
2-9 if called--be respectfully requested to entertain the following
2-10 text for an amendment:
2-11 "ARTICLE _____
2-12 "SECTION 1. The Supreme Court shall consist of
2-13 nine Justices, one of whom shall be designated as Chief
2-14 Justice.
2-15 "SECTION 2. The Justices of the Supreme Court
2-16 and Judges of such inferior courts as Congress may have
2-17 ordained and established, and may ordain and establish
2-18 in the future, shall serve set terms not to exceed
2-19 twelve years. Justices and Judges shall be subject to
2-20 impeachment for high crimes and misdemeanors and any
2-21 such Justice or Judge so impeached shall be ineligible
2-22 to any appointment or reappointment to any office of
2-23 honor, trust, or profit under the United States.
2-24 "SECTION 3. In the event of the death,
2-25 resignation or other disability of any Justice of the
2-26 Supreme Court, a replacement shall serve for the
2-27 remainder of the unexpired term only. The terms of the
3-1 Justices of the Supreme Court shall be staggered such
3-2 that exactly one-third of its members shall be
3-3 appointed quadrennially beginning in the year 2015.
3-4 The terms of the three Justices of the Supreme Court of
3-5 the first class shall commence in the year 2007 and
3-6 shall terminate in the year 2019; the terms of the
3-7 three Justices of the Supreme Court of the second class
3-8 shall commence in the year 2015 and shall terminate in
3-9 the year 2027; and the terms of the three Justices of
3-10 the Supreme Court of the third class shall commence in
3-11 the year 2023 and shall terminate in the year 2035.
3-12 This pattern shall continue in like manner thenceforth.
3-13 During the year 2007, the terms of the three existing
3-14 Justices of the Supreme Court who have the greatest
3-15 seniority thereon shall expire; during the year 2015,
3-16 the terms of the three existing Justices of the Supreme
3-17 Court who have the next highest seniority thereon shall
3-18 expire; and during the year 2023, the terms of the
3-19 three existing Justices of the Supreme Court who have
3-20 the least seniority thereon shall expire.
3-21 "SECTION 4. The term of a Judge of a court
3-22 inferior to the Supreme Court shall expire when a
3-23 successor thereto shall be chosen and confirmed,
3-24 provided that twelve years not be exceeded. The term
3-25 of such successor shall expire after the prescribed
3-26 twelve years. If a Judge who shall not have already
3-27 exhausted twelve years of service be later reappointed
4-1 to the same level of the judiciary, the reappointment
4-2 may not allow that Judge to exceed what has not yet
4-3 been exhausted of the twelve-year limitation.
4-4 "SECTION 5. Nominations for Justices of the
4-5 Supreme Court, and for Judges of courts inferior
4-6 thereto, may not be made prior to the four-year term of
4-7 the President in which the vacancy is hereby scheduled
4-8 to occur, except to fill a vacancy caused by death,
4-9 resignation, or other disability.
4-10 "SECTION 6. The Congress shall have power to
4-11 give effect to this Article through the enactment of
4-12 necessary and appropriate legislation.
4-13 "SECTION 7. This Article shall be inoperative
4-14 unless ratified as an Amendment to the Constitution,
4-15 pursuant to Article V thereof, within ten years of its
4-16 submission for ratification."; and, be it further
4-17 RESOLVED, That, except as otherwise provided in this
4-18 resolution, this application by the Texas Legislature constitute a
4-19 continuing application in accordance with Article V of the United
4-20 States Constitution until at least two-thirds of the legislatures
4-21 of the several states have made application for a convention to
4-22 propose a twelve-year term amendment applicable to justices of the
4-23 United States Supreme Court and to judges of federal courts
4-24 inferior thereto; and, be it further
4-25 RESOLVED, That this application for a constitutional
4-26 convention on the subject of federal judicial terms be
4-27 automatically rescinded if:
5-1 (1) the United States Congress adopts, before 90 days
5-2 after the legislatures of two-thirds of the states have made
5-3 application for a convention, an amendment to the United States
5-4 Constitution containing provisions similar in subject matter to
5-5 this request;
5-6 (2) the United States Supreme Court holds that the
5-7 United States Congress cannot call a constitutional convention
5-8 limited solely and exclusively to that subject matter; or
5-9 (3) a convention called pursuant to this resolution
5-10 otherwise transcends that limited subject matter; and, be it
5-11 further
5-12 RESOLVED, That the Texas secretary of state forward official
5-13 copies of this resolution to the speaker of the U.S. House of
5-14 Representatives and to the vice-president of the United States, and
5-15 to all members of the Texas delegation to the congress, with the
5-16 request that this resolution be officially entered in the
5-17 Congressional Record as an application to the Congress of the
5-18 United States of America for a convention to propose the requested
5-19 alterations in the United States Constitution; and, be it further
5-20 RESOLVED, That official copies of this resolution be prepared
5-21 for the presiding officers of the legislatures of the other states
5-22 for their consideration.