I recently attended a fundraiser at a friend’s summer home for Paige Cognetti. She is Mayor of Scranton and running for a seat in the House of Representatives from a district in Northeast Pennsylvania. She is styles herself an outsider as she did for the mayoralty and embraces the slogan, “Paige Against the Machine.”
The contest is in an important district because it is one of the increasingly rare ones where seats are not safe. Her opponent, first-term incumbent Rob Bresnahan, won by a few thousand votes, underperforming Trump who carried the district. Previously a Democrat held the seat, and the district had voted for the Democratic nominee in at least the last three previous presidential elections.
Earlier in the day of the fundraiser she had held a press conference laying out an eight-point proposal as a basis for her campaign, and she repeated much of it that evening to the 70-or-so people crowded into the living room. Her bullet points did not address many issues that seem important to the electorate: affordability, healthcare, housing, immigration, Iran, the War Powers Act, assaults on science, assaults on free speech, assaults on fair elections. Instead, she has made “corruption” the center of her campaign, an issue on which her opponent seems vulnerable.
Although in his 2024 campaign Bresnahan said that he supported banning stock trades by congressional members, his accounts reveal prolific equities trading with some transactions apparently showing him benefiting from inside government knowledge. Not surprisingly, Cognetti proposes prohibiting Senators and Representatives from trading stocks while in office. She also seeks a long list of reforms. She hopes to prevent congressional members from serving on corporate boards, block their pay if they do not adopt a budget, ban corporate political action committees from contributing to congressional candidates, require audits of federal agencies (and require agencies to implement auditors’ recommendations), ban departing members of Congress from lobbying Congress, and ban members and their staff from betting in prediction markets on war, elections, and government activity. Cognetti, acknowledging the difficulty of adopting many of these reforms, says much of this will “take time” — an understatement.
Some of these reforms could be adopted by legislation, but many would need revisions of the Constitution. This raises another of her proposals: eighteen-year term limits for the Senate, House, and the Supreme Court. The only constitutional requirements for a Senator are to be at least 30 years of age, a citizen for nine years, and an inhabitant of the state where elected. The only requirements for the House are being 25, seven years a citizen, and an inhabitant of the state where elected. (It is not a constitutional requirement to reside in the district where elected.) The Constitution imposes no other requirements for membership in Congress. One can even be a felon. One does not have to pass a mental, cognitive, or other competency exam. And one can be a member, according to the Constitution, even if one has already served eighteen years. The only time requirement is that a Representative serve for a two-year term while a Senator may serve for six. (The 1994 Republican “Contract with America” championed by Newt Gingrich proposed twelve-year limits for the House and Senate. A constitutional amendment to that effect received a majority in the House but not the constitutionally required two-thirds vote, and it died. The Contract limited congressional committee chairs to three two-year terms, but this did not require a Constitutional amendment.)
The Constitution does not list even minimum requirements to be a Supreme Court Justice. It does not say that a Justice has to be a certain age. It does not have a residency requirement. It does not say that a Justice must be a citizen. It does not say that a Justice has to be a lawyer. The Constitution does say, however, that all federal judges “shall hold their Offices during good Behaviour,” which usually is interpreted as lifetime appointments. Term limits for the Supreme Court, therefore, would require a constitutional amendment. (The Constitution does, of course, impose a two-term limit for the president. That limitation came via a required constitutional amendment, the 22nd, adopted in 1951.)
Polls show that disapproval of the Supreme Court in recent years has rapidly increased. A 70% approval rating in 2020 has now dropped below 50%, with at least one poll showing only a 39% approval rating. Disapproval rates are consistently above 50%. The polls also show a strong desire for Supreme Court reform. Almost 70% desire the end of life tenure. Term limits are extremely popular, polling up to 83%. But because these reforms would require amending the Constitution, such Supreme Court reforms are not likely ever to happen.
However, next time I hope to discuss reforms that could be legislatively instituted that might improve the public’s perception of the Court and, perhaps, even improve its performance.