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 Do We Eat Cranberry Sauce on Thanksgiving?

MSPhotographic/iStock via Getty Images
MSPhotographic/iStock via Getty Images

While plenty of people eat turkey, mashed potatoes, and pie year-round, it seems like cranberry sauce almost exclusively exists in the Thanksgiving universe. Although we don’t know for sure whether it was eaten at the very first Thanksgiving, the jiggly, gelatinous side dish does have deep roots in the history of America’s fruited plains.

According to Insider, cranberries are one of only three commercially grown fruits native to the United States, and the Wampanoag tribe had been using them for food, dye, and medicine long before feasting with the Pilgrims in 1621. If there were cranberries at the party, they probably didn’t taste much like the sweetened sauce we’re (circumstantially) fond of today; at that point, the settlers hadn’t yet succeeded in growing sugar cane in the New World.

But a little more than 50 years later, according to a 1672 account cited by The Washington Post, the new Americans and Native Americans had both started to enjoy cranberries much like we do at Thanksgiving dinner: “Indians and English use it much, boyling them with Sugar for a Sauce to eat with their Meat.”

In 1796, Amelia Simmons—author of American Cookery, the first-ever American cookbook—took it one step further by recommending that roast turkey be served with cranberry sauce. Considering that the Library of Congress included the book on its list of “Books That Shaped America,” it’s possible that Simmons’s suggestion reverberated through kitchens across the nation, and the tradition gained momentum from there. She does mention pickled mangoes as an alternate side dish for turkey, but the then-Indian import was likely less common than the locally-grown cranberry.

Then, in the early 1800s, Ocean Spray revolutionized the labor-intensive process of hand-picking cranberries from vines with what’s called a wet harvest. Basically, farmers flood the bogs where cranberries grow, and then they wade into the water to collect the floating berries en masse.

farmer wet-harvesting cranberries
A farmer gathering cranberries during a wet harvest.
kongxinzhu/iStock via Getty Images

This was a more efficient technique, but a mass harvest meant that more cranberries got damaged. So in 1912, Ocean Spray began crushing them into canned, jellied cranberry sauce—maximizing the yield and making it easier than ever for every home in America to slice up a cylinder of solid, sugary, berry goodness.

Explore the stories behind your other favorite (or least favorite) Thanksgiving foods here.

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Why Do We Eat Pumpkin Pie at Thanksgiving?

gjohnstonphoto/iStock via Getty Images
gjohnstonphoto/iStock via Getty Images

While it’s possible—even probable—that pumpkins were served at the 1621 harvest festival that’s now considered the predecessor to Thanksgiving, attendees definitely didn’t dine on pumpkin pie (there was no butter or wheat flour to make crust).

The earliest known recipes for pumpkin pie actually come from 17th-century Europe. Pumpkins, like potatoes and tomatoes, were first introduced to Europe in the Columbian Exchange, but Europeans were more comfortable cooking with pumpkins because they were similar to their native gourds.

By the 18th century, however, Europeans on the whole lost interest in pumpkin pie. According to HowStuffWorks, Europeans began to prefer apple, pear, and quince pies, which they perceived as more sophisticated. But at the same time pumpkin pie was losing favor in Europe, it was gaining true staple status in America.

In 1796, Amelia Simmons published American Cookery, the first cookbook written and published in the New World colonies. Simmons included two recipes for “pompkin pudding” cooked in pastry crust. Simmons’s recipes call for “stewed and strained” pumpkin, combined with a mixture of nutmeg, allspice, and ginger (yes, it seems our pumpkin spice obsession dates back to at least the 1500s).

But how did pumpkin pie become so irrevocably tied with the Thanksgiving holiday? That has everything to do with Sarah Josepha Hale, a New Hampshire-born writer and editor who is often called the “Godmother of Thanksgiving.” In her 1827 abolitionist novel Northwood, Hale described a Thanksgiving meal complete with “fried chicken floating in gravy,” broiled ham, wheat bread, cranberry sauce, and—of course—pumpkin pie. For more than 30 years, Hale advocated for Thanksgiving to become a national holiday, writing regular editorials and sending letters to five American presidents. Thanksgiving was a symbol for unity in an increasingly divided country, she argued [PDF].

Abraham Lincoln eventually declared Thanksgiving a national holiday in 1863 (to near-immediate outcry from Southerners, who viewed the holiday as an attempt to enforce Yankee values). Southern governors reluctantly complied with the presidential proclamation, but cooks in the South developed their own unique regional traditions. In the South, sweet potato pie quickly became more popular than New England’s pumpkin pie (mostly because sweet potatoes were easier to come by than pumpkins). Now, pumpkin pie reigns supreme as the most popular holiday pie across most of the United States, although the Northeast prefers apple and the South is split between apple and pecan, another Southern staple.

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