Every time there’s a new Supreme Court vacancy we hear talk about judges having a lifetime appointment. But is that what the Constitution says? In short: No.
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,
So, if federal judges hold office during good behavior, who defines “good behavior”? Congress. The House of Representatives determines who to impeach and the Senate tries the impeachment. Are there standards for judging good behavior?
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Most people know what treason and bribery are, but what are “other high crimes and misdemeanors”? What I’ve learned from others who have studied the times is that the word “high” in this construction refers not to the severity of the offense, but to the office of the person who has offended. Webster’s 1828 dictionary defines misdemeanor as:
MISDEME’ANOR, noun Ill behavior; evil conduct; fault; mismanagement.
Now if a judge were to violate their oath of office and the law by ruling contrary to the Constitution, would that not be ill behavior? And would that not violate good behavior, which is the condition of withholding their office?
I’m afraid, as Jefferson said ” For experience has already shown that the impeachment it has provided is not even a scarecrow”. We’ve been told that impeachments are only for extraordinary circumstances, but that has made it a toothless wonder. Therefore, if criminal behavior and subverting the constitution to foreign law does not warrant impeachment, what does?
Therein lies the good news: It is the people’s representatives who have the power of impeachment. Yes, the Senate tries the impeachment, but how would judges react if their illegal and unconstitutional acts were called out on the floor of the House?
