Judicial Tenure in the United States With Especial Reference to the Tenure of F
Judicial Tenure in the United States With Especial Reference to the Tenure of F
William Seal Carpenter
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Taylor, therefore, in the second part of his argument, sought to point out a way by which the commissions might be destroyed as well as the offices. He said : The Constitution declares that the judge shall hold his office during good behavior. Could it mean that he should hold this office after it was abolished? Could it mean that his tenure should be limited by behaving well in an office which did not exist? It must either have intended these ab- surdities or admit of a construction which will... avoid them. This construction obviously is that an officer should hold that which he might hold, namely an existing office, so long as he did that 22 Breckinridge MSS. , Dec. 22, 1801. 64 JUDICIAL TENURE IN which he might do, namely his duty in that office ; and not that he should hold an office which did not exist or perform duties not sanctioned by law. If, therefore, Congress can abolish the courts, as they did by the last law, the officer dies with the office, unless you allow the Constitution to admit impos- sibilities as well as absurdities.
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