In This Episode

In this episode of This Constitution, Savannah Eccles Johnston and Matthew Brogdon explore one of the least understood and most powerful tools in the U.S. Constitution: impeachment. But forget presidents for now, this episode dives deep into judicial impeachments: how they work, why they're rare, and why judges have historically been the ones who get removed.

Savannah and Matthew unpack what it means for Congress to wield this political sword, why it's not a criminal process, and how colorful cases like Samuel Chase and Alcee Hastings shaped our understanding of judicial accountability. Along the way, they raise big questions about what "high crimes and misdemeanors" really means—and whether just being bad at your job is enough to get you booted off the bench.

• (00:00:13) Introduction to judicial impeachment and constitutional process
• (00:01:00) The House indicts, the Senate convicts
• (00:02:23) Impeachment is a political, not criminal process
• (00:03:42) The Senate as jury and the role of the Chief Justice
• (00:05:13) Historical focus: judges, not presidents
• (00:05:58) Corruption, perjury, and Florida judges
• (00:06:29) Why cabinet members get fired but judges get impeached
• (00:07:00) Life tenure vs. good behavior
• (00:08:00) Samuel Chase and the partisan bench
• (00:10:00) The Jeffersonian purge of the courts
• (00:12:00) Why Chase avoided conviction
• (00:13:30) Fast forward to Alcee Hastings (and yes, Florida again)
• (00:14:30) No conviction? No problem—still impeached
• (00:15:20) Hastings’s comeback as a Congressman
• (00:17:00) Can you impeach just for bad rulings?
• (00:18:13) Defining “high crimes and misdemeanors”
• (00:20:00) Bad judgment vs. misconduct
• (00:21:26) The Senate is the ultimate check
• (00:24:01) The case of Judge Pickering and judicial incompetence
• (00:26:05) Balancing judicial independence with accountability
• (00:28:00) Why judicial impeachments are so rare and so hard

Notable Quotes

(00:03:00) "Though this is set up like a criminal trial, it’s important to note this is a political process. This is not a criminal process." — Savannah Eccles Johnston

(00:07:05) "You only get to hold this office as long as you behave yourself. And there’s a way to get rid of you if not." — Matthew Brogdon

(00:12:25) "Had they impeached Chase, it would’ve telegraphed to the court: if you act like a partisan hack on the bench, we will kick you off." — Matthew Brogdon

(00:15:00) "He’s no longer a judge, but Florida elects him to Congress. So I guess… he wins?" — Savannah Eccles Johnston

(00:18:57) "High crimes and misdemeanors are not defined in the Constitution. But 'misdemeanor' back then just meant to misbehave." — Matthew Brogdon

(00:26:05) "There is a fine balance between judicial independence and oversight by Congress. And impeachment is the only tool Congress has." — Savannah Eccles Johnston

Resources and Links

This Constitution

• https://bit.ly/4fYWnVi

Savannah Eccles Johnston

• https://www.linkedin.com/in/savannah-eccles-johnston-515a72198/
• https://www.instagram.com/savypolitics/

Matthew Brogdon

• https://www.linkedin.com/in/matthew-brogdon-8a21bb89
• https://www.uvu.edu/ccs/people/matthew_brogdon.html