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What is the term of office for the federal judiciary according to the US Constitution?
Article III of the US Constitution addresses the terms of office for judges and justices of the Judicial Branch of government. This only includes member of the following courts:
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Other federal judges serve on Article I and Article II courts and tribunals, which operate under different guidelines than those outlined in the Constitution.
Article III
Section 1
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
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LaoAccording to the Constitution, Article III federal judges hold office "during good behavior." That means that as long as they are not impeached and removed by Congress, they are appointed for life.
Bear in mind this is only true of Article III judges(Judicial Branch) serving on "constitutional courts":
- US District Court
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Article I judges (See Article I, Section 8, Clause 3), such as those who preside over the US Court of Federal Claims, US Bankruptcy Courts, US Tax Courts, military courts, certain other courts of limited jurisdiction typically serve 15-year renewable terms. These judges actually work for the Legislative Branch, not the Judicial Branch.
School textbooks usually discuss Article III judges, and simplify the constitutional language to state they are appointed for life; however, the text is in error if it says all federal judges fall under Article III guidelines.
One additional note: the exact Constitutional phrase is (as noted above) "during periods of good behavior". The problem is that "good behavior" is not defined anywhere in the Constitution, and even in the context of the time the Constitution was written, the phrase is very inexact in its meaning. The general consensus is that the phrase indicates a life term; however, there is considerable doubt over its other possible meanings. In particular, how does "good behavior" relate to the process of removing a judge, and what DOESN'T "good behavior" cover? Frankly, it's the most ambiguous phrase in the entire Constitution.
There really has never been a concerted effort to define the phrase; unlike the concept of judicial supremacy, neither the Supreme Court itself nor Congress, have ever addressed the issue in any case or bill. The main reason is that tinkering with the current definition and practice (whereby removal requires impeachment), could very well significantly change the balance of power between the various branches, and thus, is a highly charged issue.
Thus, we adhere to the idea that it means a life term excepting a full impeachment not because it's a correct meaning, or even one that has significant historical support - we use it because there IS no well-defined meaning, and the current definition seems work well enough. In short, it's a de facto meaning, not a de jure meaning.
There is no term. A federal judge serves until he/she retires.
Actually, the Constitution states that federal judges "... shall hold their offices during good behavior..." (Article I, Section 1, US Constitution)
The interpretation of this clause by the Supreme Court means that Federal Judges (of Article I courts only) are appointed for life, though they may be removed by impeachment, and that Congress has the right to determine a mandatory retirement age (currently, 70).
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Yes. US Supreme Court Justices must take two oaths of office: the first, a Constitutional Oath, is required of all federal employees except the President; the second, a Judicial Oath, is unique to the federal judiciary.ExplanationUS Supreme Court justices take two oaths of office. The first, a Constitutional Oath mandated by Article VI of the Constitution and 5 USC § 3331 (federal law), is sworn by all federal employees except the President:"I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."The second, the Judicial Oath of Office, originated with the Judiciary Act of 1789 and continues as a requirement under 28 USC § 453, but was amended slightly in 1990:"I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God."The original text "according to the best of my abilities and understanding, agreeably to the Constitution" was replaced with the less ambiguous "under the Constitution."On occasion, the Constitution and Judicial Oaths are combined and taken at the same time.Article VI, Section 3"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
