Thursday, August 29, 2024

1110: Book Additions And Corrections - 6: The good Behaviour clause

 (Added September 1, 2024)

The below is probably wrong, and I am working on it.

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(Original Post)

The comma separating the verb in "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour" has a role I missed there. Handling the subject here from its mere thought existence prevents targeting the identities of the judges. This is the technical way to do the like of if I for example take my car to a repair shop and say that the repair person should finish by tomorrow with my focus being on only that my car should be done by then regardless of who shall be the repair person. Similarly here because of this comma this clause is not about which identity would do a Behaviour that is less than good and which would not. Instead this clause is just tells that dealing with cases according to this condition is required from the system in general and that only this way of behaving is supported by the authority given to the judicial branch according to the constitution. 

What also follows from the above with even bigger surprise is that the appointment of federal judges being for life is not something required by the constitution writ, and that they can be removed even if they have never behaved other than good Behaviour. One also should not miss how this understanding provide much better fit for why adding "during their Continuance in Office" was needed. 

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