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To: AndrewC
Thus it appears that Congress could by means of organization reduce the offices available to be filled. That is due to the fact that there is no number associated with the federal judicial system in the Constitution.

Well, yes - there's no required number of judicial officers that must exist, either as a minimum or as a maximum. But you really can't get rid of a sitting judge simply by reorganizing in such a way as to eliminate his position. Otherwise, Congress would never need to bother with impeachment of judges - they'd be able to do an end-run around the impeachment process any time they liked, simply by reducing the number of district courts by one and selecting the sacrificial lamb to be downsized out of a job. As I said, though, the courts could be reorganized to eliminate posts that are currently vacant anyway.

801 posted on 08/23/2003 12:50:41 AM PDT by general_re (A clear conscience is usually the sign of a bad memory.)
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To: general_re
Otherwise, Congress would never need to bother with impeachment of judges - they'd be able to do an end-run around the impeachment process any time they liked,

There is a big difference between axing a Judge and getting rid of a position. The legislature, by its lonesome, may impeach and convict a judge. The President has a say in the removal of a enacted judicial position. He may veto, by his lonesome, any such end run. Such is the balance of power.

840 posted on 08/23/2003 9:55:01 AM PDT by AndrewC
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