Impeachment and "good behavior"
tushnet at law.georgetown.edu
Mon Dec 26 06:27:13 PST 2005
I know that there was a thread on this question earlier, but I have a
tweak I'm interested in. The proposed Constitution Restoration Act
provides (roughly) that reliance on non-U.S. law in constitutional
interpretation "shall be deemed to constitute the commission of (1) an
offense for which the judge may be removed upon impeachment and
conviction; and (2) a breach of the standard of good behavior required
by article III, section 1 of the Constitution." My question is: What's
the difference between Clause 1 and Clause 2 of this proposal?
Also, I recall noting a draft posted on SSRN of a paper arguing that
"good behavior" wasn't the same as [the negative of] "high crimes and
misdemeanors," but I can't locate the reference. I'd appreciate any
guidance to it. Thanks in advance.
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