Q: To whom, or to what authority, are justices of the Supreme Court held accountable?

A: They are independent, governed only by their own personal standards of conduct. Congress can impeach for failure to display consistent “good behavior”, but it has only happened once (to a judge appointed by George Washington who was allowed to continue serving!). One justice resigned when threatened with impeachment.

That is not how it was described and intended in America’s formative stages. Read on…

“Give [judges] the powers and the independence now contended for and . . . your government becomes a despotism and they become your rulers. They are to decide upon the lives, the liberties, and the property of your citizens; they have an absolute veto upon your laws by declaring them null and void at pleasure; they are to introduce at will the laws of a foreign country…after being clothed with this arbitrary power, they are beyond the control of the nation. . . . If all this be true – if this doctrine be established in the extent which is now contended for – the Constitution is not worth the time we are now spending on it. It is – as it has been called by its enemies – mere parchment. For these judges, thus rendered omnipotent, may overleap the Constitution and trample on your laws.” 

–Joseph Nicholson, early member of Congress, in The Debates and Proceedings in the Congress of the United States (Washington: Gales & Seaton, 1851), Seventh Congress, 1st Session, pp. 823-824, February 27, 1802.

 

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