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According to Article I of the Constitution, the power of impeachment is vested in the Legislative branch.*

The House of Representatives brings charges, called "articles of impeachment," against officials it considers guilty of criminal or ethical violations. If a simple majority of the House finds sufficient evidence to support impeachment, the official proceeds to trial in the Senate.

The Vice-President of the United States presides over impeachment trials involving Article III federal judges and Supreme Court justices. Conviction requires a vote of two-thirds of the Senators present.

Impeachment only serves to remove a judge or other official from office; there are no other penalties associates with this process.

Article I, Section 3, Clause 7: "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."

* This applies to judges and justices appointed under Article III of the Constitution, which includes those who serve on US District Courts, US Courts of Appeals, and the US Supreme Court, as well as certain courts of limited jurisdiction. Judges appointed under Article I, who mainly deal with the interaction between the public and departments or functions of the government (such as Social Security Disability Appeals), are removed by a different process.

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13y ago
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13y ago

The President's appointment power is addressed in Article II, Section 2, the "Advice and Consent" Clause. Judges of the inferior courts would be included in the phrase, ". . . and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law . . ."

Article II, Section 2

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

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14y ago

Article 2, Section 2, Clause 2, - shall nominate, and, by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

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13y ago

None. The Constitution doesn't establish any criteria for selecting or becoming a federal judge, leaving this decision to the discretion of the President and Senate.

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11y ago

Sweet! I've just received my free minecraft giftcode!

>> Minecraftcodes.info <<

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11y ago

Article II , section 2, paragraph two, grants this power of appointment.

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10y ago

Article II Section 2

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Q: What Article of the Constitution explains how Congress can impeach federal judges?
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