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How Long is the term for Supreme Court Justices and other federal judges?
The term for a Supreme Court justice is often mistakenly described as being “for life.” However,
Article III, Section 1, the Constitution provides that federal judges, including Supreme Court
justices, “shall hold their offices during good behavior.” Thus, while Supreme Court justices
(and other federal judges) often hold their position for life or until retirement, the true limit of
their term is decided by their behavior. Supreme Court justices cannot be “fired” by the
President, Congress, or the electorate, but they can be impeached for egregious misconduct, or as
Article II, Section 4 of the Constitution describes it, “Treason, Bribery, or other high Crimes and
Misdemeanors.”.
The Founders intended the judiciary to be independent so that it could serve as a check against
any abuse by the Executive or legislative branches. Accordingly, the Founders wanted to make
judges impervious to the political climate of the times and did not want the other branches to
have the ability to fire judges or even reduce their pay, except for cases of corruption or serious
misconduct.1 The Founders did not want judges to alter their decisions for fear of being removed
from office merely because they offended holders of political power or made a legally correct,
yet unpopular judgment.
In Federalist 78, Alexander Hamilton stated “[a]nd it proves, in the last place, that as liberty can
have nothing to fear from the judiciary alone, but would have every thing to fear from its union
with either of the other departments.” 2 Thus, he argued that judges should be appointed “for
good behavior” since naturally, the mere interpreter of the law would be weaker than branches
who had the power to make or execute the law.3 This mere power to interpret was the
fundamental restraint to prevent judicial abuse of power. Hamilton further argued that under the
[Continued on next page.]
1
SeeTHEFEDERALISTNO.51(JamesMadison).
THEFEDERALISTNO.78(AlexanderHamilton).
3
Id.
2
conditions set forth in the Constitution, the judiciary has “neither force nor will, but merely
judgment” and depends on the Executive branch to enforce its decisions.4 Judicial interpretive
decisions should indeed be insulated from popular or political pressure and legislative
determinations of what the law or the Constitution should be must be made by bodies that are
accountable to the people through elections.
The requirement of “good behavior” is a fairly high standard, but is rarely formally implicated.
Like the President and certain other officials, judges can be impeached and removed from office
if they commit crimes or improprieties. Only one Supreme Court Justice has ever been
impeached by the House, Justice Samuel Chase in 1805. However, the Senate acquitted Justice
Chase, so he was not removed from office.5 Only fifteen total federal judges have been
impeached.6 Eight of these were convicted and removed from office, four acquitted, and three
resigned prior to receiving an outcome from the Senate.7 Early justices tended to retire sooner
than modern justices. From 1789 until 1970, Justices served on average for 14.9 years.8 For
Justices whose terms ended between 1970 and 2006, the average term of service was 26.1 years.9
Four of the current members have been on the bench for over twenty years.
4
Id.
FrequentlyAskedQuestions,SUPREMECOURTOFTHEUNITEDSTATES,https://www.supremecourt.gov/faq.aspx#(last
visitedMar.24,2017).
6
ImpeachmentsofFederalJudges,FEDERALJUDICIALCenter,http://www.fjc.gov/history/home.nsf/page/judges_
impeachments.html(lastvisitedMar.24,2017).
7
Id.
8
StevenG.Calabresi&JamesLindgren,TermLimitsfortheSupremeCourt:LifeTenureReconsidered,29HARVARD
JOURNALOFLAW&PUBLICPOLICY769,778(2006),http://www.law.harvard.edu/students/orgs/jlpp/
Vol29_No3_Calabresi_Lindgren.pdf.
9
Id.
5