The Judiciary (cont.) (Hamilton)
Returning again to the rationale for the permanent
tenure of judges, Hamilton writes that “in the general course of human nature,
a power over a man’s subsistence amounts to a power over his will.” This is
why, Hamilton asserts, federal judges should be free from the threat of having
their livelihood destroyed as retribution (arguing for minimum base salaries).
Hamilton also notes why it might be necessary for the judges to have a more
flexible salary than the President (since the latter is fixed in terms whereas
judges could potentially serve for decades; argues about inflation). In
addition, Hamilton stresses that judges can be removed for bad conduct but that
the process ensures it is unlikely to be used for simply political reasons.
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