Article V of the United States Constitution states, “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
Republican/Tea Party (GOTP) Presidential hopeful Ted Cruz has said he will propose a Constitutional amendment where the country will hold judicial retention elections every eight years for Supreme Court justices saying, “When they (the Supreme Court) violate the constitutional amendment and the law, the American people can remove them. We are not governed by a judicial priesthood. We are not governed by judicial tyranny.”
There are a few obstacles to Cruz’s dream of upending the Supreme Court.
First, in order to get an amendment through the Congress he would have to garner 2/3 of both houses, that would be 357 members of the House and 67 members of the Senate, meaning he would have to get 112 Democratic members of the House to go along with him – that is flat out never going to happen – and additional to that he would need 13 Democrat Senators to vote with him, also never going to happen. He would – if he could get it to pass Congress – need 38 State Legislatures to ratify it, meaning at least seven legislatures not controlled by Republicans would have to ratify – yeah right.
Let us suppose he goes the State Conventions route. He would need 34 states out of the 50 to vote for the amendment, meaning at least three states not under GOTP control would have to go along with the Snake Oil Salesman from Canada.
Cruz is posturing, just posturing – either that or he is certifiable.