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Impeaching Supreme Court Justices


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54115Canada Free Press:

It is time “We the People of the United States” hold our elected and appointed officials to this rigorous standard

 

Impeaching Supreme Court Justices

 

Matt Shipley (Bio and Archives) Thursday, March 28, 2013

Most Americans incorrectly believe Supreme Court Justices are appointed for life and therefore somehow immune from public accountability, but this understanding is contrary to the Constitution and detrimental to our Republic.

 

Article III, Section 1 of the Constitution states, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.” Accordingly, it is for a term of good behavior our federal judges hold their office, not life, and they can be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

 

Misdemeanors, as the founders defined them, includes attempts to subvert the Constitution through misinterpretation or other methods. George Mason explained that impeachment is for “attempts to subvert the Constitution,” and Elbridge Jerry considered “mal-administration” as grounds for impeachment. Justice Joseph Story listed, among other reasons for impeachment, “unconstitutional opinions” and “attempts to subvert the fundamental law and introduce arbitrary power.” Alexander Hamilton and Justice Story defined “misdemeanor” as “mal-conduct” and Justices James Wilson and Story described “misdemeanors” as “non-statutory”, which means they are offenses for which no legal code exists. Scissors-32x32.png

 

Note

Samuel Chase (April 17, 1741 – June 19, 1811) was an Associate Justice of the United States Supreme Court was impeached by the congress, and the Senate after hearing all the evidence voted him not guilty.


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