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In reply to the discussion: Why Democrats must expand the Supreme Court [View all]Celerity
(53,535 posts)33. Article III states that these judges "hold their office during good behavior," which means they have a lifetime
appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
https://www.uscourts.gov/about-federal-courts/types-federal-judges
https://www.uscourts.gov/about-federal-courts/types-federal-judges
The language about holding offices during good behaviour has been interpreted to mean that the only way federal judges can be removed from office is if the House of Representatives impeaches them, and the Senate convicts them, of treason, bribery, or other high crimes and misdemeanors. Only fifteen judges have ever been impeached (that is, formally accused by the House of Representatives) and only eight have been convicted and removed from office. For practical purposes, any judge who does not commit a crime (or do something equally bad) has lifetime tenure and will stay in office until he or she dies or voluntarily steps down. And, as the provision says, Congress and the President cannot retaliate against judges by cutting their salaries.
https://constitutioncenter.org/the-constitution/articles/article-iii/clauses/45#article-iii-section-one-by-richard-garnett-and-david-strauss
https://constitutioncenter.org/the-constitution/articles/article-iii/clauses/45#article-iii-section-one-by-richard-garnett-and-david-strauss
The Rationale Behind Lifetime Appointments
Although the Constitution does not explicitly mandate permanent tenure, the interpretation that its language implies life tenure is far from a new perspective. Alexander Hamilton, during the drafting era, championed lifetime tenure as essential for judicial independence, arguing that the judiciarys lack of military or financial power made it the least threatening branch. Although Thomas Jefferson later changed his stance, the Federalists continued to support life tenure to safeguard judicial independence. Despite critics doubts about whether life tenure truly enhances judicial independence, the prevailing rationale today is that this system insulates [federal judges] from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns.
https://www.law.georgetown.edu/legal-ethics-journal/blog/lifetime-appointments-of-federal-judges-a-double-edged-sword/
Although the Constitution does not explicitly mandate permanent tenure, the interpretation that its language implies life tenure is far from a new perspective. Alexander Hamilton, during the drafting era, championed lifetime tenure as essential for judicial independence, arguing that the judiciarys lack of military or financial power made it the least threatening branch. Although Thomas Jefferson later changed his stance, the Federalists continued to support life tenure to safeguard judicial independence. Despite critics doubts about whether life tenure truly enhances judicial independence, the prevailing rationale today is that this system insulates [federal judges] from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns.
https://www.law.georgetown.edu/legal-ethics-journal/blog/lifetime-appointments-of-federal-judges-a-double-edged-sword/
BTW, I am fully on board with term limits, but alas a Constitutional Amendment that puts them in place will never pass, or at least not for decades from now, IMHO.
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The reform must be durable. Just adding 4 seats and nothing else is an exerise in futility.
Wanderlust988
Saturday
#1
You're wanting to govern out of anger. You need to play the long view, not a short term sugar high
Wanderlust988
Saturday
#8
Your first two solutions would require a Constitutional Amendment. SCOTUS Expansion does not.
Celerity
Saturday
#4
Article III states that these judges "hold their office during good behavior," which means they have a lifetime
Celerity
Saturday
#33
While the USSC is being revamped the justices should be split up and required to live and reside in the circuit they are
in2herbs
Saturday
#31
Not if the justices were required to live and reside in the circuit they have been assigned.
in2herbs
Saturday
#32
I agree. Far more judges and rotate the benches they sit on so they cannot
travelingthrulife
Saturday
#15
So what? The Constitution was designed as a living document. We won't survive another court
travelingthrulife
Saturday
#16
We should add 20-30 judges or more. Our population has grown, why not the USSC?
travelingthrulife
Saturday
#14
Expanding the court and governing fearlessly will provide that result. Nt
Fiendish Thingy
Saturday
#25