Also known as: life tenures · tenure for life
Written by attorneys · grounded in primary & secondary sources — see below
An office held during good behavior with compensation that may not be diminished during the holder's continuance in office. The protection secures judicial independence by insulating the officeholder from removal or salary reduction by the political branches.
Lena Lawson challenged an order from an internal agency panel that reviewed her financial-market dispute. The panel members served fixed terms and faced possible salary cuts by Congress. Because the panel was an Article I hybrid tribunal, the district court upheld its authority even though the members lacked life tenure.
Luke Latham appealed an adverse Tax Court ruling on his deduction claim. The Tax Court judges held fixed terms without life tenure or salary protection. The Supreme Court upheld the structure because the tribunal performed functions incidental to Congress's legislative powers.
Select any source to read its text and confirm it supports the definition.
Leah Lamb objected to an independent counsel's investigation into her business dealings. The counsel was appointed by a judicial panel whose members enjoyed life tenure. The Court found the appointment valid because the life-tenured judges remained insulated from political control.
Lars Lindstrom sued state officials who punished students for refusing to salute the flag. The state board argued that life-tenured federal judges should defer to elected bodies on such policy questions. The Court rejected the argument, noting that life tenure exists precisely to permit independent review of constitutional claims.
Luis Lopez demanded a jury trial in a bankruptcy trustee's fraudulent-conveyance action against him. The trustee argued that the bankruptcy judge, who lacked life tenure, could decide the claim without a jury. The Court held that the private-rights claim required an Article III forum with life tenure.
Landon Long challenged his removal from a postmaster position by the President. The statute required Senate consent for removal, but the President acted unilaterally. The Court upheld the removal power while reaffirming that Article III judges alone receive life tenure to preserve judicial independence.
Life tenure during good behavior, together with undiminished compensation, insulates judges from political pressure and thereby preserves judicial independence. Without these protections, a tribunal cannot exercise the judicial power of the United States.
Supporting sources
No. Traditional common-law claims between private parties must be decided by judges who enjoy life tenure and salary protection. Assigning such claims wholesale to tribunals without those protections violates Article III.
Supporting sources
No. Congress may create hybrid Article I bodies that combine rulemaking and adjudication when the work implements legislative powers, even though the adjudicators lack life tenure.
Supporting sources
The judgment violates Article III because only judges with life tenure may exercise the judicial power of the United States. Parties may obtain relief in district court by showing that the tribunal lacked constitutional authority.
Supporting sources
…who has been selected for this special treatment? There is no remedy for that, not even a political one. Judges, after all, have life tenure, and appointing a surefire enthusiastic prosecutor could hardly be considered an impeachable offense. So if there is anything wrong with the selection, there is effectively no one to blame.…