Twelve Key Issues > Judiciary
We call attention to the following provisions of the Constitution:
Article 3, Section 1:
“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour”.
Note that the tenure of Federal Judges is not for life, but merely “during good behaviour”.
Also, Article 2, Section 4:
“all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
“All civil officers” clearly includes Judges.
And the Article 3, Section 2, Clause 2 says regarding jurisdiction:
“the supreme Court shall have appellate Jurisdiction … with such Exceptions, and under such Regulations as the Congress shall make.”
Note that the Constitution gives Congress the power to make exceptions to the jurisdiction of the Supreme Court.
And regarding the duty of Judges, Article 6, Section 1, Clause 3 states
“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”.
Which Constitution must they swear to support?
The United States Constitution does not provide for lifetime appointment of federal judges, but only for a term of office during good behavior. We support Congressional enforcement of the Constitutional rule of good behavior and to restrain judicial activism by properly removing offending judges through the process of impeachment provided for in Article I, § 2 and 3 of the Constitution. Furthermore, Congress must exert the power it possesses to prohibit all federal courts from hearing cases which Congress deems to be outside federal jurisdiction pursuant to Article III, § 2 of the Constitution.
We particularly support all the legislation which would remove from Federal appellate review jurisdiction matters involving acknowledgement of God as the sovereign source of law, liberty, or government.
We commend Former Chief Justice Roy Moore of the Alabama Supreme Court for his defense of the display of the Ten Commandments, and condemn those who persecuted him and removed him from office for his morally and legally just stand.
We deny the validity of judicial rulings that use foreign court rulings to overturn U.S. precedent.
The Constitution Party supports nullification as a state remedy to counter impeachable judicial activism.