Article III secures judicial independence through guaranteed tenure and irreducible salaries.

Evidence

Historically, the pressures on judges usually involved threats to a judge’s salary or position. For example, the Declaration of Independence accused George III of having made “judges dependent upon his will alone for the tenure of their offices and the amount and payment of their salaries.” To forestall such pressures on federal judges, Article III of the United States Constitution guarantees that judges “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.” — G. Alan Tarr, Judicial Process and Judicial…, 375

Categorization

  • XREF: Directly relevant to constitutional structure study and the course’s focus on judicial institutions; connects to debates over judicial independence vs. accountability covered in chapter. — connects to: Article III judicial independence rests on tenure and salary protections — G. Alan Tarr, Judicial Process and Judicial…, 225; Judicial independence means freedom from improper external pressures. — G. Alan Tarr, Judicial Process and Judicial…, 374; Judicial independence advocates favor insulated selection and long tenure — G. Alan Tarr, Judicial Process and Judicial…, 589

Broader Connections