Judicial Independence

Article III gives federal judges two protections: they hold office during good behavior, and their pay cannot be reduced while they serve. Alexander Hamilton argued in Federalist No. 78 that the judiciary, having neither the sword nor the purse, would be the least dangerous branch, and that permanent tenure was essential for judges to resist both the other branches and passing popular majorities. The framers had seen colonial judges serve at the King's pleasure, a grievance listed in the Declaration of Independence.

Independence was tested early. In 1802 Congress abolished newly created circuit judgeships, and in 1804 the House impeached Justice Samuel Chase over his partisan conduct on the bench. The Senate's acquittal in 1805 established that judges would not be removed for their rulings. In 1937 Franklin Roosevelt proposed adding up to six justices to overcome a Court that had struck down New Deal laws, and the plan failed in Congress, though the Court soon began upholding his program. The number of justices has stayed at nine since 1869.

Debates continue over court expansion, term limits, ethics rules, and how officials should respond to rulings they oppose. The Supreme Court adopted its first formal code of conduct in 2023 amid criticism over justices' gifts and travel. In 2025, as lower courts blocked many administration actions, some officials and members of Congress called for impeaching judges over their decisions, and Chief Justice John Roberts issued a rare public statement that impeachment is not an appropriate response to disagreement with a ruling. Threats against federal judges have risen sharply.