ABSTRACT

The Constitution states that the two houses of Congress may jointly remove judges from office, the House impeaching and pressing the charges and the Senate hearing and deciding whether removal is justified. These many controversies centering on selection of judges for the Supreme Court defy satisfactory interpretation. The rule of invalidation by a bare majority of all judges has repeatedly encountered opposition. The center of attention in these cases, however, has been the individual under consideration for the Court and not the group of judges already on the Court. The judges on the Supreme Court when Roosevelt became president in 1933 were old in years, and most of them held conservative views about the proper realm of governmental authority. Historians differ as to what objectives were behind some changes, achieved or unsuccessfully attempted, in the number of judges. The legislative branch rescued the judges from their adversary, the Executive.