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southpaw
@nycsouthpaw
, 3 tweets, 1 min read Read on Twitter
“The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour,” is what the Constitution says.
I don’t think that language supports rotating Justices who today hold a seat on the Supreme Court into some other judicial office on a Court of Appeals or District Court without their consent (and the Senate’s). “During good behaviour,” however, has possibilities.
And of course, even within the Supreme Court there’s no “rotation.” That’s why sitting Associate Justice Rehnquist had to go back before the Senate for confirmation of his elevation to Chief Justice in 1986. nytimes.com/1986/09/18/us/…
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More from @nycsouthpaw see all

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southpaw
@nycsouthpaw
The acting Intel Chief's counsel wrote to Chairman Schiff that the whistleblower's still-undisclosed allegations don't meet the legal definition of an "urgent concern." In a statement, Schiff points out that the Intel IG has already determined they do. nytimes.com/2019/09/17/us/…
Schiff's statement tonight echoes the letter he sent last week. intelligence.house.gov/uploadedfiles/… (see FN 5 and accompanying text)
Politico got the DNI counsel’s letter
Read 10 tweets
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southpaw
@nycsouthpaw
"I believe [President Trump] asked me to deliver a message for [AG Sessions] to consider delivering himself," Lewandowski says about asking Sessions to unrecuse, then denies he felt squeamish about the message, despite not delivering it. "I went on vacation," he says.
Lewandowski's testimony, under oath: POTUS called him into the Oval and told him to bring a scripted message to the AG to unrecuse himself from overseeing Mueller. He didn't think it was illegal or feel squeamish. And instead of delivering that message, he went on vacation.
Here’s what Lewandowski told the Mueller team about why he didn’t give the message to Sessions.
Read 5 tweets
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southpaw
@nycsouthpaw
Should we count the ways that pro-war argument is misleading?
1. The US doesn’t have to respond to an attack on Saudi Arabia. We have no mutual defense treaty with Saudi Arabia. They’re not a formal ally of the US. This is entirely a matter of discretion, not obligation.
2. Under the constitution, whether we go to war is a matter for Congress to decide, and they can say yes or no. It would likely still be a matter for Congress to decide *even if we did* have an ordinary bilateral defense pact with Saudi, which we don’t.
Read 4 tweets

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Tim Hogan
@TimInHonolulu
1. This story is wrong: Could Brett Kavanaugh be impeached? Here's what the Constitution says cbsnews.com/news/could-bre… via @CBSPolitics
@CBSPolitics 2. Article III provides: "the judges, both of the supreme and inferior courts, shall hold their offices during good behaviour. . ." Judges can be removed for ex parte communications and other ethical wrongs that are not high crimes and misdemeanors. Lack of candor in
3. a hearing IMO is a sufficient bad behavior and the House gets to decide what is impeachable conduct. IMO 67 Senators could remove every judge they don't like if the House is willing to impeach them.
Read 3 tweets
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Chief Wolfhound
@DeMelaatse
This evening’s Supreme Court ruling allowing @realDonaldTrump to use military funds on a needed, effective border wall rejected by @TheDemocrats is deeply brilliant.

Our Founders designed a Republic governed by the people—not a monarchy—one based on law & our Constitution.
Constitution of United States of America 1789 (rev. 1992), Article III, Section 1.

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”
Read 12 tweets
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Chief Wolfhound
@DeMelaatse
Actual Fuck👇

Constitution of United States of America 1789 (rev. 1992), Article III, Section 1. “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”
Section 2. “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public ministers and Consuls;
Read 10 tweets
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Aumone Maison
@AumoneMaison
@POTUS please read this article-yalelawjournal.org/forum/removing…
Article III states: The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not
2. be diminished during their continuance in office. A Federal judge CAN be removed from the bench for bad behavior. He does NOT have to be removed thru impeachment-something few know-"Too much emphasis has been laid on the independence of judges and not enough
3. on the Constitution’s provisions that promote judicial accountability, which include the grant of life tenure subject to TERMINATION FOR MISBEHAVIOR. Judges do enjoy a certain type of independence—they cannot be punished for the judgments they issue. But the Constitution
Read 4 tweets
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True Republics
@TrueRepublics
The last lawfully ratified state constitution of Pennsylvania is 1838. All the state constitutions after 1860 are NOT lawfully ratified because #Congress collapse on November 1860 when the southern nations seceded. I will remind everyone we are still under martial law since 1861.
Martial law was never lifted, there were never any peace treaties with the Independent Southern Nations after the international war of 1861. This prevented to restore congress of the southern nations & northern nations. Below I will tweet the preamble and Article I.
1)
 Constitution of the Commonwealth of Pennsylvania -1838.

WE, The People of the Commonwealth of Pennsylvania, Ordain and Establish this Constitution for its Government.
Read 44 tweets
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Jed ShugerVote11/6
@jedshug
This article is wrong legally and politically.
Supreme Court Justices have life tenure, because "good behavior" tenure means life tenure. This "textualist" argument is silly, because constitutional textualism still relies on context and public meaning. 1/ newrepublic.com/article/151620…
2/ There are so many sources, but let's start with Hamilton, Federalist 78: These are his caps, not mine:"All judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR; which is conformable to the most approved of the State constitutions..."
3/ I’m not going to tweet the text of Federalist 78. Just read it here. It is one of the best pieces of constitutional thought, and it is clear and concise. Must-read for anyone who wants to understand constitutional law. Goldstone does not get it. avalon.law.yale.edu/18th_century/f…
Read 5 tweets

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