Reply: (Mis)Understanding Good-Behavior Tenure

  title={Reply: (Mis)Understanding Good-Behavior Tenure},
  author={Saikrishna Bangalore Prakash and Steven Douglas Smith},
  journal={Yale Law Journal},
In How To Remove a Federal Judge, we argued that at the Founding, “good behavior” was a term of art referring to a generic tenure that could be granted to anybody with respect to any item that might be held (e.g., jobs, licenses, land). For centuries, this process of judging whether someone with good -behavior tenure had misbehaved occurred in ordinary trials outside of the impeachment process. Given this background, if impeachment was to serve as the sole means of judging misbehavior, a…