Impeachment and "good behavior"

Mark Tushnet 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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