precisely what is needed.
But comparative analysis again concludes this is not the case. In fact, the study found that a consequence of having such long terms is:
Life tenure renders the United States exceptionally vulnerable to imbalanced and stale Supreme Court composition. This incentivizes “hardball confirmation tactics” and puts at risk the Supreme Court’s institutional legitimacy.6
But a change to the court limiting term length would, again, require a constitutional amendment. And this change would be even more difficult than with the Electoral College, as the court itself would be placed in a position of reforming itself – something which is highly unlikely given how hard the Court fought against instituting just an ethics code.
The Two-Party System
Theoretically, the United States has operated on the premise it would be a multi-party system. But it has operated as a de facto two-party system since early in its history:
By 1797, factions had coalesced into the Federalists (who supported the policies of the Washington administration and a strong national government) and the Democratic-Republicans (who supported states’ rights). The Federalist party eventually collapsed, and the Democratic-Republican party split further into additional factions: Democratic Republicans, who became the Democrats, and National Republicans, who became known as the Whigs in the 1830s. But by the 1850s, the Whigs had become bitterly divided over slavery. So-called “conscience” Whigs joined “free” Democrats and nativists known as the Know-Nothing party to form what is known today as the Republican party, while other Whigs joined what is known today as the
Democratic party.7
As of March 2024, approximately 60 percent of registered U.S. voters currently belong either to the Democratic or to the Republican parties. While the Democrats like to argue they are a coalition party, the remaining registered voters identify with a third party not affiliated with the Democrats or Republicans..8 It is latter candidates that face a slew of obstacles in American politics, from limited media coverage to legal barriers and congressional leadership rules. Laws regarding third-party candidates also vary from state to state, presenting more difficulties. “In addition, popular belief holds that a third-party candidate won’t win an election, so there is no need to give him or her publicity. This often becomes a self-fulfilling prophecy.”9 Finally, a couple additional factors have contributed to the two parties becoming more entrenched: congressional action and reapportionment.
The U.S. Supreme Court ruled, in Citizens
The Founding Fathers introduced and crafted several structural reforms they believed would improve upon the notion of a republican form of government.Over time,some people regard such reforms to be antithetical to a fully functioning democracy.
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