22 September 2020

This may not be workable, but, well, we need to think of ways to proceed in our predicament

 So the Constitution provides that federal judges serve during a term of "good behavior." And there is a mechanism for removing them, impeachment. But what if the Congress simply passed a statute that said that judges' terms, as per the Constitution, would end upon the finding of "other than good behavior," and then organized a Congressional commission, to review the performance and conduct of judges, and issue findings of whether they continued to be in a status of "good behavior" or not. And include in the statute a provision that this process is not subject to judicial review. Such a statute might face a court challenge, but could the court legitimately take jurisdiction over the Congress exercising, as it sees fit, both its right to determine what the jurisdiction of the court is, and to put into effect an ambiguous provision of the Constitution to exercise their proper control over the court? The argument would be in any case that impeachment is reserved for 'high crimes and misdemeanors,' but the Constitution seems to provide that there might be another mechanism to, in effect, fire judges who did not maintain "good behavior," clearly a lower standard? What say you to my thoughts here?

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