From Chase to Kavanaugh

Impeachment is not impossible….

His name was Samuel Chase. He was among our first Supreme Court Justices. Appointed to the Court by George Washington in 1796, Chase was a signatory to the Declaration of Independence and an ardent partisan.

As a Federalist, Chase adamantly supported Hamilton and a strong national government. That was all well and good until 1800 when John Adams lost the election to Thomas Jefferson, a Democratic-Republican who favored stronger state governments.

While still on the bench, Chase continued his rancorous partisan behavior after Jefferson was elected, and the Republicans gained control of Congress. In an effort to remove Chase from the bench, the House of Representatives voted eight Articles of Impeachment against him at the urging of President Jefferson. The articles charged that Chase conducted several trials in a partisan manner. That was March 1804.

Here are the parts of the Constitution relevant to potential impeachment of Chase and all Supreme Court justices:

Article 2 Section 4     The president, vice president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Article 3 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.

Note that “good Behaviour” is not defined or described anywhere in the Constitution.

Chase’s impeachment trial began in early 1805. In his own defense, he argued that only an indictable offense would meet the “high crimes and misdemeanors” standard for conviction. A supermajority in the Senate agreed with him, and on March 1, Samuel Chase was acquitted.

This is our only precedent for impeaching a Supreme Court Justice. Nevertheless, we live in times when precedents are broken and invented on a regular basis.

In his own defense, Chase may have established a criterion for conviction and removal that may be relevant to the present situation: Perjury is an indictable offense.

In addition, the “good Behaviour” referenced in Article 3 Section 1 provides the basis for an action that might result in termination due to misbehavior. The clause cries out for relevant case law.

Did Kavanaugh perjure himself during the confirmation hearings? Plenty of people — attorney’s included — will say yes.

Will he consistently engage in “good Behaviour”? Plenty of people will be watching.

What goes around, comes around.

Vote.

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Days families have been separated at the border as of 10/9/18: 173