Large majorities of Americans favor ethics reforms for members of Congress and Supreme Court justices, according to new data from Public Religion Research Institute.
As part of its annual American Values Survey, PRRI asked respondents whether there should be term limits for U.S. Supreme Court justices, and 74% said yes. That includes 88% of Democrats, 74% of independents and 66% of Republicans.
Supreme Court justices never have faced term limits. Under Article III of the U.S. Constitution, federal judges and justices serve life appointments so long as they have “good behavior.”
Alexander Hamilton defended lifetime tenure as vital for judicial independence. However, shorter lifespans in the 18th century meant early justices served much shorter terms than justices in the 21st century.
Clarence Thomas
For most of U.S. history, the median tenure of a Supreme Court justice was 15 years. After the mid-20th century, the median tenure rose beyond 25 years.
Justice Clarence Thomas, for example, now has served on the court for 35 years. He is the second longest-serving justice in history, eclipsed only by William O. Douglas, who served on the court 36 years, 1939 to 1975.
Current Chief Justice John G. Roberts has served 21 years. And Justice Samuel Alito has served 20 years.
Term-limit proposals have surfaced from time to time but have not been enacted. The most popular proposal is to allow 18-year terms, which would allow a scheduled appointment of two new justices per presidential term.
Some currently sitting Supreme Court justices have been accused of benefitting financially from their positions, as have members of Congress. PRRI found Americans strongly oppose such possibilities.
Only 7% of Americans believe it should be legal for elected officials to use their public office to financially benefit themselves or members of their family, while the vast majority (88%) believe this should be illegal in all or most cases. Nearly three-fourths (71%) believe it should be illegal in all cases.
This opposition is bipartisan, with 92% of Democrats, 91% of Republicans and 91% of independents agreeing politicians should not be allowed to use their political power to financially benefit themselves or their family.
PRRI also asked about views on gerrymandering, the practice by which elected officials with majority control draw voting maps to give their political party an advantage.
While the practice is widespread today and has resulted in lopsided control of several state legislatures and the U.S. House of Representatives, only 12% of Americans believe gerrymandering should be legal in all or most cases.
Another 83% say it should be illegal, including 58% who believe it should be illegal in all cases.
Again, there is strong bipartisan agreement on this issue, with 81% of Republicans, 87% of Democrats and 86% of independents agreeing.
Another ethical issue that continually dogs elected officials is whether they should be able to buy or sell stocks while in office.
Only 15% of Americans say it should be legal for elected officials to buy or sell individual stocks while in office, while 80% say it should be illegal, including 54% who believe it should be illegal in all cases.
Again, there is bipartisan support for such limitations, with 79% of Republicans, 84% of Democrats and 83% of independents agreeing.