Saikrishna Prakash

Removing Federal Judges Without Impeachment

(Mis)Understanding Good-Behavior Tenure

116 Yale L.J. 159 (2006)

How To Remove a Federal Judge

116 Yale L.J. 72 (2006) Most everyone assumes that impeachment is the only means of removing federal judges and that the Constitution's grant of good-behavior tenure is an implicit reference to impeachment. This Article challenges that conventional wisdom. Using evidence from England, the colonies, and the revolutionary state constitutions, the Article demonstrates that at the Founding, good-behavior tenure and impeachment...