Under normal circumstances, a Supreme Court justice is awarded a lifetime commission.
A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial, but only for the same types of offenses that would trigger impeachment proceedings for any other government official under Articles I and II of the Constitution.
Article III, Section 1 states that judges of Article III courts shall hold their offices "during good behavior." "The phrase "good behavior" has been interpreted by the courts to equate to the same level of seriousness 'high crimes and misdemeanors" encompasses.
In addition, any federal judge may prosecuted in the criminal courts for criminal activity. If found guilty of a crime in a federal district court, the justice would face the same type of sentencing any other criminal defendant would. The district court could not remove him/her from the Bench. However, any justice found guilty in the criminal courts of any felony would certainly be impeached and, if found guilty, removed from office.
In the United States, impeachment is most often used to remove corrupt lower-court federal judges from office, but it's not unusual to find disgruntled special interest groups circulating petitions on the internet calling for the impeachment of one or all members of the High Court.
The Impeachment Process
Impeachment is a two-step process; the impeachment phase is similar to a Grand Jury hearing, where charges (called "articles of impeachment") are presented and the House of Representatives determines whether the evidence is sufficient to warrant a trial. If the House vote passes by a simple majority, the defendant is "impeached," and proceeds to trial in the Senate.
The House of Representatives indicts the accused on articles of impeachment, and, if impeached, the Senate conducts a trial to determine the party's guilt or innocence.
The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.
At the trial a committee from the House of Representatives, called "Managers," act as the prosecutors. Per constitutional mandate (Article I, Section 3), the Chief Justice of the United States (Supreme Court) must preside over the Senate trial of the President. If any other official is on trial, an "Impeachment Trial Committee" of Senators act as the presiding judges to hear testimony and evidence against the accused, which is then presented as a report to the remained of the Senate. The full Senate no longer participates in the hearing phase of the removal trial. This procedure came into practice in 1986 when the Senate amended its rules and procedures for impeachment and has been contested by several federal court judges, but the Supreme Court has declined to interfere in the process, calling the issue a political, not legal, matter.
At the conclusion of the trial, the full Senate votes and must return a two-thirds Super Majority for conviction. Convicted officials are removed from office immediately and barred from holding future office. The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.
Impeachment and Near Impeachment
Only one Supreme Court Justice, Samuel Chase (one of the signatories to the Declaration of Independence), has ever been impeached. The House of Representatives accused Chase of letting his Federalist political leanings affect his rulings, and served him with eight articles of impeachment in late 1804. The Senate acquitted him of all charges in 1805, establishing the right of the judiciary to independent opinion. Chase continued on the Court until his death in June 1811.
In 1957, at the height of McCarthyism, the Georgia General Assembly passed a joint resolution calling for "The Impeachment of Certain U.S. Supreme Court Justices" believed to be enabling Communism with their decisions. The resolution targeted Chief Justice Earl Warren and Associate Justices Hugo Black, William O. Douglas, Tom Campbell Clark, Felix Frankfurter, and Stanley Forman Reed (as well as several unnamed deceased Justices) for "...[usurping] the congressional power to make law in violation of Article I, Sections I and 8, and violated Sections 3 and 5 of the 14th Amendment and nullified the 10th Amendment of the Constitution."
For more information, see Related Questions, below.
A US Supreme Court Justice can hold their term for as long as they choose. They can remain a justice for life if they want. They are only removed from the office if they resign, or if they are impeached for wrong-doing.
Being impeached. Being impeached is incorrect. The House votes whether to "impeach" a president with articles concerning the charges. Once impeached, the Senate votes whether to remove a president from office, while the Chief Justice presides over the trial. Bill Clinton was impeached, but not removed from office. I think kicking a president out of office is simply referred to as removal from office.
Yes; impeachment is the only way a justice can be removed involuntarily.
he is impeached
Technically no American president has been impeached and subsequently removed from office. Andrew Johnson was impeached, but acquitted. Richard Nixon resigned before his likely impeachment. Bill Clinton was impeached, but not removed from office. Presidents impeached: * Andrew Johnson: impeached by the House but acquitted by the Senate * William (Bill) Clinton: also impeached but acquitted. Therefore, there have been two impeached, none removed.
Supreme Court Justices are appointed to their positions for life. They cannot be removed unless they are impeached by a majority vote of the U.S. House of Representatives and subsequently convicted by a two-thirds vote of the Senate. A Supreme court Justice may resign from their position voluntarily, however.
Supreme court justices are not voted for, and they have no set term of office. They may stay on the court until they quit, die, or are impeached and convicted.
Two have been impeached; neither was removed from office.
Clinton was impeached but not officially removed from office, and Nixon was to be impeached but resigned before he could be impeached.
Andrew Johnson and Bill Clinton have been impeached, but neither was removed from office. Both were acquitted at the trial that followed their impeachment. Richard Nixon was about to be impeached when he resigned. No president has ever been removed from office.
No Us President has been removed from office via the impeachment process. There have been two presidents who have been impeached. In 1868, Andrew Johnson was impeached by the House for violating certain statutes related to government processes; in 1998, Bill Clinton was impeached for perjury and obstruction of justice. However, neither of these presidents was convicted by the Senate, so neither of them was removed from office.
to be kicked out or removed from office
Supreme Court appointments are made for life, unless the Justice is impeached by the House of Representatives and successfully tried in the Senate. The President never has the option of replacing a Justice on a whim.The President may nominate a new Justice if a vacancy occurs on the Court while the President is in office; however, the only conditions under which this is possible is if a Justice dies in office, retires, resigns, becomes permanently incapacitated, or is impeached by the House and removed from office by a vote of the Senate.
Yes. A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial, but only for the same types of offenses that would trigger impeachment proceedings for any other government official under Articles I and II of the Constitution.
As written in the U.S. Constitution, the supreme court justice is appointed for life and can not be replaced. A supreme court justice can retire or die while in office. (S)he can also be impeached by congress for various forms of gross misconduct and be forced to step down.
Until they retire, die, or are removed from office by Congress.
As of mid-2009, seventeen US federal office holders have been impeached, including presidents Andrew Johnson and Bill Clinton. One cabinet member has been impeached, one senator, and one US Supreme Justice. Twelve other federal court justices have been impeached. Note that impeachment does not mean being removed from office. It merely means that Congress brings charges against the office holder. (See link below.)
Both Presidents and Supreme Court justices can be impeached. The House of Representatives brings articles of impeachment against a government official (like grand jury charges), then votes whether the official should be impeached, or brought to trial in the Senate. If the official is convicted in the Senate, he or she is removed from office.
any elected official
they are removed from office
Only two Presidents have been impeached in US history, but both were acquitted at their Senate trials, so there has never been a "fully impeached" President, assuming you mean one who was removed from office. Andrew Johnson was impeached in 1868 for violation of the Tenure of Office Act; Bill Clinton was impeached in 1998 for obstruction of justice.
In the United States, if a president is impeached by the House of Representatives then he is tried by the Senate. The Chief Justice of the Supreme Court presides over the Senate during the trial, and two-thirds of the senators are needed to have a conviction. If the president is convicted, he is removed from office and the Vice President becomes the new President.
There's no limit; they are lifetime appointments. They can retire if they want, or they can just stay in office until they die.Technically, justices hold their offices "during good behavior," which basically means "until they resign, die, or are impeached and removed from office." Only one Supreme Court Justice (Samuel Chase) has ever been impeached (most of the charges were concerned with a political bias in his rulings and actions ... if you think politics is partisan now, brother, you have no idea).
Supreme Court justices have lifetime appointments--most of them retire, but they can stay on the bench until they die like William Rehnquist did. They can be impeached, but that's the only way to get rid of one. The only justice to have ever been impeached was Samuel Chase, who was acquitted. Samuel Chase was nominated to the Court by George Washington.
The Chief Justice of the United States presides over the Senate trial, when the President has been impeached. If the president is convicted and removed from office, the vice-president would become President.