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Supreme Court — Part 16
Page 108
108 / 130
The formula used in the draft proposal would give to each Circuit
with 20 members or less in the Congress, one appointment to the Court; and
for each 25 additional members in the Gongress above the basic 20, the Cir-
cuit would be entitled to one more appointment on the Court; based on thia
formula the First and Tenth Circuits “would each be entitled to one appointment
on the Court; the Second, Third, Fourth, Sixth, Seventh and Eighth Circuits,
would each be entitled to two appointments on the Court and the Fifth and Ninth
Circuits would each be entitled to three members on the Court. These figures
could possibly change with each decennial census, under the present congres-
sional apportionment the Court would have twenty members.
“The States within’a Circuit in making any appointments to the Court
would act through their delegations in the Congreas, Senators and Representa -
tives, each acting ex officio and exercising his own discretion. When assembled
to make such appointments each Representative present would have one vote
and all o1 the Senators present collectively would have as many votes as the
Representatives present and this total vote would be shared and voted by such
Senators equally and in fractions.
Annointmente to the Court waultd he made fram activa mambera nt the
Appointments to the Lourt woule be made trom active memoers $1 the
courts of last resort in civil cases ot the States within the Circuit provided
they have had at least five years service on that court, appointments «would
be for five years and with eligibility for re -appointment. Retirement would
be compulsory at age 75 years with full salary for lite. Some ot these are
details which could be varied without materiaily changing the proposal.
Tt will be noticed that this amendment would leave with the Supreme Court
the powers vested in it by the Constitution they being powers not related to the
appellate jurisdiction; it will be noticed, too, that it does not take from the
‘Senate it's voice in the appointing process as would have been the case with
certain other proposala offered on this generat subject.
The proposal advanced here is of very recent origin, - within the present
year. It has not yet been widely circulated. It has had some organized support
and has not been rejected where-ever submitted for formal approval.
It's aponsorse consider it has mérit to warrant the attention and the support of
the Congresa. For,that purpose it ought to be presented there by joint resolu
tion so that early hearings can be had. _With that in mind, suggestions on
the proposal and on developing support for it will be appreciated.
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Jonn P, Rogge,
4007 Bellaire Bivd.,
Houston, Texas 77025
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an a te Tee CO a ed
Te came cam a le I Sa oi i Md oe ate wand
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