How would you interpret the Constitution when it comes to federal judges

Leviticus

Diamond Member
Jan 6, 2021
1,694
1,266
1,938
The Constitution isn't very clear in exactly how protected a federal judge is.

For members of Congress it gives a specific immunity to misdemeanors while they are on official business or traveling to and from their home states to attend official business, and specifically states that they can only be charged during those times with felonies and or treason. this means they effectively have immunity to parking tickets and other traffic violations and other such minor misdemeanors pretty much the same as diplomats.

Judges however don't have this specified immunity the Constitution simply says that federal judges shall serve in times of good behavior. I would interpret this as stating that a federal judge has similar immunity to misdemeanors but like congressman can be indicted and convicted of felonies and treason. It doesn't specify that they are immune to misdemeanors however I think that like members of Congress they should have immunity so that the executive and Congressional branches cannot simply have them arrested by their agents, on trumped up charges, which is why the members of Congress receive their immunity as well.

now the fact that it's specifies that they serve only during times of good behavior says to me that if a judge is convicted of a felony they are automatically removed from office which makes sense. So unlike the president who is effectively immune from indictment while in office and can only be removed by the 25th amendment or impeachment, federal judges can be indicted and convicted while in office and if they are are automatically removed from office.

it's the same with Congress if I member of Congress is convicted of a felony or treason they are not allowed to continue as a member of Congress and are automatically removed from office.

Only the president has a specific immunity to indictment. But that is different seeing as it's actually a policy within the department of Justice and not the specific immunity under the Constitution.
Some people misunderstand this immunity to indictment that the president enjoys and believe it's part of executive privilege but that is not. Executive privilege only applies to summons and other such things coming from one of the other branches of government. President George no constitutional immunity against the executive branch.
 
Judges are not automatically removed from the bench.

Members of congress cannot be impeached. They can be recalled. Not automatically. Everyone gets a hearing.
 

Forum List

Back
Top