◆ SpookStack

| | | | | oi te . 4 aa ewe a 3 _} ! | A Proposal for a United States Appellate Gourt ( By Constitutional Amendment) The general dissatisfaction with the U.S.Supreme Court's decisions in the last 15 years has prompted many proposals in the Congress and elsewhere, looking toward a remedy. Because the Supreme Court's decisions complained of have been in cases which were appealed from the lower courts it has been suggested that the remedy can be had by Congress taking from the Supreme Court it's power to hear such appeals, either in all cases or in casing involving specific issues. The Congress has taken such-action in the past and can do ao again. — - However, by abolishing the Supreme Court's appellate jurisdiction withoul vesting it elsewhere a conflict would soon develope in the decisions of the lower courts everi where based on similar facts so that this remedy while settling one problem would create another. There have also been several proposals submitted to the Congress for amend- ments to the Constitution each to care for some specific complaint against the Supreme Court, some would reverse the prayer decisions, others would reatore to the States the power to re-apportion in the State and still others would free our local law enforcement agencies from the obstructions confronting them in many of the Supreme Courts decisions. To correct the problem by thia approach would mean a flood of constitutional amendments now and with the prospect of othera to be required later as the Supreme Court's might require. aa has 3 Ld L 3 b +] Es x Tn stead of f this piece-meal correction a constitutional amendment hae proposed to set up a United States Appellate Court to hear all appeals which are now being heard by the Supreme Court. A draft of the proposed amendment is here- to attached, It ia thought that the basic provisions in the proposal with reference to qualifications of the members of the court, their tenure jn office for years and not for life, compulsory retirement at a specitied age, the manner of their ap- pointment, that these provisions would make reasonably certain a court dedicated to constitutional government and with a proper respect for precedents. It could be expected that such a court would avoid decisions which would require relief by further constitutional amendments. Our proposal would have the States name the members to the Court and for that purpose they would be grouped as in the ten Circuits of the United States Courts of Appeals, These Circuits vary considerably in population and and ae to the membership in the Congress, Senators and Representatives, from the various Circuits. This latter, the membership in tne Congress, would seem to bea fair measure of the relative sizes, popuilation-wise, in the various Circuits and eo it has been uged in the attached draft as a basis to determine the number ot judges to be appointed from each Circuit. The States in each Circuit and their total memberghip in the Congress, Senators and Representatives, are as follows: First Circuit, Maine, Massachusetts, New Hampshire, Rhode Island, 26 members; a= fone OT meee te et Second Circuit, WOnKRE CEICuL, New Yo: Kx, Vermont, 54 members; ird Circuit, Delaware, New w Jersey, Pennsylvania, 49 members; Fourth Circuit, Maryland, North Carolina, South Carolina, , Virginia and7 "~~ _ West Virginia, 50 members Fifth Circuit, Alabama, Florida, Georgia, Lousiana, Mississippi and Texas, 78 members; Sixth Circuit, Kentucky, Michigan, Ohio, Tennessee, 67 members; Seventh Circuit, Illinois, Indiana, Wisconsin, 51 members; Eighth Circuit, Arkansas, Iowa, Minnesota, Missouri. Nebraska, North Dakota, South Dakota, 50 members; Ninth Circuit, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Alaska, Hawaii, 78 members; Tenth Circuit, Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming, 32 members. oot ool 7 1s % OT ee ETT OR Tie Re ORB, 4