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Celerity

(53,842 posts)
33. Article III states that these judges "hold their office during good behavior," which means they have a lifetime
Sat Dec 20, 2025, 01:44 PM
Dec 20
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


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


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 judiciary’s 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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

The reform must be durable. Just adding 4 seats and nothing else is an exerise in futility. Wanderlust988 Dec 20 #1
We cannot govern out of fear of what republicans might do Fiendish Thingy Dec 20 #3
Hear, hear Cirsium Dec 20 #5
You're wanting to govern out of anger. You need to play the long view, not a short term sugar high Wanderlust988 Dec 20 #8
You are completely wrong Fiendish Thingy Dec 20 #12
Your first two solutions would require a Constitutional Amendment. SCOTUS Expansion does not. Celerity Dec 20 #4
This is the way! In It to Win It Dec 20 #9
I don't see anything explicitly stating lifetime terms tinrobot Dec 20 #27
Article III states that these judges "hold their office during good behavior," which means they have a lifetime Celerity Dec 20 #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 Dec 20 #31
100 justices Cirsium Dec 20 #6
The building is too small n/t Polybius Dec 20 #11
There is that Cirsium Dec 20 #21
Use the ballroom. Qutzupalotl Dec 20 #28
Not if the justices were required to live and reside in the circuit they have been assigned. in2herbs Dec 20 #32
I agree. Far more judges and rotate the benches they sit on so they cannot travelingthrulife Dec 20 #15
"some of the justices are assigned randomly and term limits" Polybius Dec 20 #10
So what? The Constitution was designed as a living document. We won't survive another court travelingthrulife Dec 20 #16
Well, a Amendment like that won't pass any time soon for one ITAL Dec 20 #17
I'm just saying that it's not an easy process Polybius Dec 20 #34
Gonna have to win several elections. Silent Type Dec 20 #2
I'm sure you can get bipartisan support to add them right now. hardluck Dec 20 #7
January 2029 is the time Fiendish Thingy Dec 20 #13
This actually makes me quite nervous Thunder Chicken Dec 20 #18
Republicans would have to kill the filibuster to expand the court Fiendish Thingy Dec 20 #19
Unless the Republicans do it first. Qutzupalotl Dec 20 #29
We should add 20-30 judges or more. Our population has grown, why not the USSC? travelingthrulife Dec 20 #14
Can't be an arms race.. RoseTrellis Dec 20 #20
Overall, I think it's a bad idea Renew Deal Dec 20 #22
The more the merrier Fiendish Thingy Dec 20 #24
Jamelle lacks imagination Seeking Serenity Dec 20 #23
Expanding the court and governing fearlessly will provide that result. Nt Fiendish Thingy Dec 20 #25
Explain, por favor Seeking Serenity Dec 20 #26
Impeachment for ignoring the Constitution is an adequate remedy bucolic_frolic Dec 20 #30
Do you guys have a Supreme Court in Canada? BannonsLiver Dec 20 #35
Reversing the criminal Citizens United decision is imperative Mysterian Dec 20 #36
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