Can a US Supreme Court justice be impeached and removed from office?
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.
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.
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.
In the case of Marbury v. Madison was President Thomas Jefferson forbidden from appointing different Justices to the Supreme Court?
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…
What does Congress have the power to do if the US President or a Supreme Court justice commits a crime?
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.
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.
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…
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.)
Technically no American president has been impeached and subsequently removed from office. Andrew Johnson was impeached but acquitted Nixon resigned before his likely impeachment. Clinton was impeached but not removed from office. Presidents impeached: * Andrew Jackson: impeached by the House but acquitted by the Senate * William (Bill) Clinton: also impeached but aquitted Therefore, there have been two impeached, none removed.
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.
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.
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.
No, not directly. Supreme Court justices serve "during good behavior," which means they have a lifetime appointment unless they commit an impeachable offense. Justices can be impeached by the House of Representatives and tried in the Senate if they commit "high crimes and misdemeanors," which include crimes, unethical behavior, actions damaging to the government, etc. If found guilty, the justice will be removed from office. They cannot be removed on any other grounds, including incompetency.
Vacancies occur in one of four ways: A justice dies A justice retires A justice resigns A justice is impeached and convicted Only one justice, Samuel Chase, has been impeached in the history of the Court, but he was acquitted at his Senate removal trial in 1805 and continued to serve on the Supreme Court until his death in 1811. A few justices have resigned under pressure, but the majority retire or die in office.
A president can recommend people who he (or she one day) would think would be best on the supreme court. This, however, does not make it official. The president's choice has to be approved by the Senate in order for the person to become a supreme court justice. That is about it. The president can not interfere in a supreme court case. In fact, if the president does something that is not protected under the…
No US President has ever been removed from office by impeachment. Richard Nixon probably would have been, but he resigned in August 1974 to avoid the process. Two Presidents have been impeached by the House of Representatives, but acquitted at their Senate trials, and thus remained in office until the end of their terms. Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act (among other things), but was acquitted by a…
US Supreme Court Justices have no "terms". According to the US Constitution they serve "during Good Behavior", which basically means "for life, or at least until they decide to step down or get caught doing something truly outrageously illegal and are officially removed from office." No Justice has ever been impeached.
Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act. Bill Clinton was impeached in 1998 for perjury and obstruction of justice. Note that Impeachment does not mean removal from office, it means that he is being investigated on suspicion of wrongdoing that may result in him being removed from office. In both of the above cases the President remained in office. Richard Nixon was not impeached, he resigned before the impeachment…
There is no schedule or statistical answer to this question. The President appoints a new justice to the US Supreme Court whenever a vacancy occurs on the Court because a justice resigns, retires or dies on the bench (or is impeached and removed from office, which has never happened), so the timing can't be predicted. One full-term President, Jimmy Carter, didn't have an opportunity to appoint any justices to the US Supreme Court; another, President…
Two American Presidents have been impeached: Andrew Johnson for a number of charges, primarily violation of the Tenure of Office Act. Bill Clinton, for Obstruction of Justice and Abuse of Power in the handling of the Monica Lewinski and Paula Jones scandals. Neither man was removed from office. Richard Nixon resigned before he could be impeached.
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 under Article I and Article II. Section 1 of Article III states that judges of Article III courts shall hold their offices "during good behavior." "The phrase "good…
The constitution calls for a supreme court justice to serve for a life time as long as they maintain proper "behavior". If their behavior isn't proper, the congress may impeach the justice and remove them from office. Other than impeachment, a justice has the job for life unless they choose to retire.
There have been two presidents who have been impeached. Im 1868, Andrew Johnson was impeached by the House for violating certain statutes related to governmental processes ; in 1998 ,Bill Clinton was impeached for perjury and obstruction of justice. However , neither of those presidents was convicted by the Senate , so neither of them was removed from office. Richard Nixon resigned while the Hose was going through the impeachment process following the Watergate scandal…
Bill Clinton and Andrew Johnson were impeached. Bill Clinton was impeached by the House of Representatives but was not removed from office by the Senate. No president to date has been removed from office. Richard Nixon was facing impeachment, but resigned the Presidency to avoid it. There have been 2 Presidents Impeached in the U.S. history. The 17th president Andrew Johnson was impeached by the House of Representatives in 1868 for violation of the Tenure…
The US constitution provides that justices of the supreme court, including the chief justice, shall hold their offices "during good behavior," which basically means "until they die or retire." Theoretically a justice could be impeached, but this has only happened once in US history (to Justice Samuel Chase in 1804), and he was acquitted by the Senate.
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 under Article I and Article II. Section 1 of Article III 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…
The whole US Supreme Court? No. Supreme Court justices can only be removed from office by the two-step impeachment process, just like the US President and certain other government officials. Only one justice, Samuel Chase, has ever been impeached. The House of Representatives served Chase with eight articles of impeachment (charges) in 1804 as a political move against the Federalist Party. Chase was acquitted at his Senate trial in 1805 and remained on the Court…
Since 1797 the House of Representatives has impeached sixteen federal officials.These include two presidents, a cabinet member, a senator, a justice of the Supreme Court, and eleven federal judges. Of those, the Senate has convicted and removed seven, all of them judges. Not included in this list are the office holders who have resigned rather than face impeachment, most notably, President Richard M. Nixon.