This is not precisely on point, however I know that there have been many proposals to impeach justices for non-criminal conduct. For example, some conservative congressmen sought to impeach William O. Douglas. Then-minority leader Gerald Ford argued that Congress had the right to impeach justices simply for making what he considered to be severely flawed constitutional decisions.
On Wed, 1 Oct 2003, Eastman, John wrote: > I love the collaberations made possible by this list. I now have to expand my > "acknowledgement" footnote significantly. Many thanks to all who responded. > > I have one more that might be equally interesting. Judges serve for good behaviour. > Impeachment requires high crimes and misdemeanors. I believe we have not taken > seriously the possibility of impeachment of judges for non-criminal conduct for a > very long time (since Justice Chase?), but has there ever been a firm decision that > the standard for impeaching judges is the same as for other officials, despite the > looser standard suggested in Article III? Is there a law review article (or > articles) generally regarded as definitive on this question? > > Many thanks, > John Eastman > > -----Original Message----- > From: Keith E. Whittington [mailto:[EMAIL PROTECTED] > Sent: Wed 10/1/2003 2:40 PM > To: [EMAIL PROTECTED] > Cc: > Subject: Re: Presidents and the Court > > > > That would be Andrew Jackson in response to Worcester v. Georgia, and it is > generally regarded as apocryphal (though somewhat consistent with other things that > he did say, predicting that such a decision would be unenforceable). He did write > in a letter, "the decision of the supreme court has fell still born and they find it > cannot coerce Georgia to yield to its mandate." For discussion, see Charles Warren, > The Supreme Court in United States History, and Richard Longaker, "Andrew Jackson > and the Judiciary," Political Science Quarterly (1956). > > Keith Whittington > > -----Original Message----- > From: Discussion list for con law professors > [mailto:[EMAIL PROTECTED] Behalf Of Eastman, John > Sent: Wednesday, October 01, 2003 5:33 PM > To: [EMAIL PROTECTED] > Subject: Presidents and the Court > > > I seem to recall a colorful claim by some president or other, opposed to a > particular court ruling, along the lines of: "The Court has issued its ruling, now > let it enforce it." > > Can anyone point me to the specific President, case, and citation for this? > Perhaps Truman, in response to the Steel Seizure decision? > > Many thanks, > John Eastman > > >
