Also known as: during good behaviour · good behavior · good behaviour · good behavior clause · judicial good behavior
Written by attorneys · grounded in primary & secondary sources — see below
A tenure protection for federal judges that continues until removal for misconduct through impeachment proceedings. The clause secures judicial independence by barring fixed terms or at-will removal for judges exercising the judicial power of the United States.
David Dawson, a district judge appointed under Article III, faces a congressional attempt to limit his service to a ten-year term. Because the Constitution requires that judges hold their offices during good behavior, the proposed term limit cannot displace Dawson from the bench absent impeachment. The restriction is therefore invalid and Dawson continues to exercise judicial power without interruption.
Dwight Dorsey, a taxpayer, challenges the authority of a special trial judge in Tax Court who lacks life tenure. The Supreme Court holds that the judge may decide the case because the position is not an exercise of the judicial power vested in Article III courts whose judges must hold office during good behavior. Dorsey's constitutional objection therefore fails.
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The clause requires that judges of constitutional courts hold office for life unless removed through impeachment for misconduct. It prevents Congress from imposing fixed terms or at-will removal on those who exercise the judicial power of the United States.
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No. The protection applies only to judges of Article III courts that exercise the judicial power of the United States. Administrative tribunals and Article I courts may use fixed terms and different removal standards without violating the clause.
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No. The clause pairs tenure protection with a prohibition on diminishing judicial compensation during a judge's continuance in office. Any statutory reduction that targets sitting Article III judges violates the constitutional guarantee.
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When a body exercises core judicial power by entering binding judgments that other courts must enforce, its adjudicators must possess Article III tenure. Without that protection the structure violates separation of powers and the judgments are subject to constitutional challenge.
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…II, and Article III. The only "Courts of Law" referred to there are those authorized by Article III, § 1, whose judges serve during good behavior with undiminishable salary. Art. III, § 1. See Glidden Co. v. Zdanok, supra , at 543 (opinion of Harlan, J.); United States v. Mouat , 124 U. S. 303, 307 (1888) ("courts of justice")…