The Soapbox

81_Hokie

Joined: 03/16/2005 Posts: 16478
Likes: 28819


Not exactly. "[Judges]...shall hold their Offices during good Behaviour"


there is no mention of a standard like high crimes and misdemeanors.

Article I says how to remove a Congressman or Senator. Article II talks about impeaching and removing members of the executive branch. Article III says nothing about impeachment of judges, it only mentions the good behavior standard.

Also from Article III "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed"

But "impeachment" of judges is not mentioned in the Constitution. Can the removal of a judge be an impeachment if the Constitution does not call it that? Doesn't that imply by jury, or at least some other proceeding to determine whether that standard has been violated. Since there is no specific requirement for who hears a removal and how many votes it would take it seems obvious that congress can legislate these specifics.

The linked Yale Law Journal article is interesting.

(In response to this post by tchoo)

Link: https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5053&context=ylj


Posted: 10/16/2020 at 10:19AM



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Current Thread:
  It happens -- Beerman 10/16/2020 09:51AM
  Same rules as for a presidential impeachment. ** -- Seattle .Hoo 10/16/2020 09:49AM
  I think its the same as President -- tchoo 10/16/2020 09:49AM
  Article 1 section 3.... -- Seattle .Hoo 10/16/2020 09:52AM
  But that's just a 'norm', not a rule or law. -- Late 80s Hokie 10/16/2020 11:07AM
  Touche -- tchoo 10/16/2020 09:56AM

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