Concept

Good Behavior Tenure

Definition

Good behavior tenure is the standard set by Article III for federal judges, who hold their offices during good behavior. In practice this means a federal judge serves for life, until death, resignation, or removal.

The phrase deliberately stops short of a fixed term. A judge cannot be turned out simply because a president or Congress disagrees with the judge rulings, only for serious misconduct.

Why it matters

How it works

Because tenure lasts during good behavior, the only constitutional route for removing a sitting federal judge is impeachment by the House and conviction by the Senate, reserved for grave offenses. Ordinary political pressure cannot dislodge a judge.

The clause also shields judicial salaries, which may not be reduced while a judge is in office. Together, secure tenure and protected pay insulate judges from the two most direct levers the other branches could otherwise use against them.

Where it goes next

Continue exploring

Tags