"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."
- Article 3, Section 1 of the Constitution
The part here about "good behaviour" is effectively a lifetime appointment, since it means that the judges can hold their offices for life unless convicted of a crime (which is fairly rare for
American judges, possibly because of their being subject to removal in this way). Just as the executive branch is subject to
impeachment, so is the judicial branch; and judges can be removed by the exercise of this power. (More about that
here.)
Alexander Hamilton
De facto lifetime appointment
The
de facto lifetime appointment here is among the most criticized parts of the
Constitution, but was defended by the
Founding Fathers as making them independent of having too much influence from the other branches (which could erode the
separation of powers). It also makes them independent of the popular prejudices of the people, who might otherwise have the power to retaliate against those who enforce laws against them - even when those laws are just and have actually been broken by the people who were judged against. In the words of
Alexander Hamilton in the
Federalist Papers, "The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither
force nor
will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments" (Source:
Federalist No. 78) This is why Hamilton correctly quoted
Montesquieu as saying that "Of the three powers above mentioned, the judiciary is next to nothing." (Quoted in
footnote to Federalist No. 78) Hence, the radical mechanism of a
de facto lifetime appointment, to protect against the improper influence of the other branches.
Supreme Court of the United States