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Amendment Limiting the Number of SCOTUS Justices the Senate May Confirm During a President’s Term [1]

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Date: 2025-09-16

To improve the integrity of the federal judiciary and to minimize a President’s ability to pack the Supreme Court, this proposed constitutional amendment would limit the number of SCOTUS Justices the Senate could confirm during a President’s term, would require Congress to establish a code of conduct (with civil and criminal penalties for violations) for all federal judges, and would allow Congress to impose term limits for SCOTUS Justices.

Useful references:

United States Congress, Constitution, “ArtII.S2.C2.3.5 Appointments of Justices to the Supreme Court”

Jill Lepore, “How Originalism Killed the Constitution,” The Atlantic, Sept. 10, 2025

Joint Resolution

Proposing an amendment to the Constitution of the United States to provide to limit the number of “Judges of the supreme Court” the Senate may confirm during a President’s four-year term.

Resolved, by the Senate and House of Representatives of States of America in Congress assembled (two-thirds of each House concurring therein), That the following Article is proposed as an amendment to the Constitution of the United States and that the Article, upon ratification by three-fourths of the several States, shall be valid for all intents and purposes as part of the Constitution:

“Article —

“Section 1. During a President’s term of office, the Senate shall not confirm more than one person, nominated under Article II, Section 2, Clause 2, to serve as a Justice of the Supreme Court.

“Section 2. If the position of Chief Justice becomes vacant and the Senate has already confirmed a nominee under Section 1 of this Article, the President shall nominate, and the Senate may confirm, a currently sitting Justice to fill the position of Chief Justice.

“Section 3. Congress shall, through legislation approved by a majority vote of the House of Representatives, by a majority vote of the Senate, and without the approval of the President, establish code of conduct for Judges, both of the Supreme and inferior Courts. At a minimum, the code shall require that all persons subject to the code place their financial assets in a blind trust managed by an independent nonpartisan fiduciary agency created and appointed by a joint committee of Congress. The code shall provide civil and criminal penalties for any violations of the code.

“Section 4. By legislation approved and signed by the President, Congress may establish for Justices of the Supreme Court a term of service for a fixed number of years. A person shall serve no more than one term as a Justice of the Supreme Court. Any change to the term of service shall not affect the term of any Justice confirmed by the Senate before the change becomes effective.

“Section 5. Confirmation of a Justice of the Supreme Court shall require the approval of at least 55 percent of the whole Senate.

“Section 6. The Congress shall have power to enforce this Article by appropriate legislation.”

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