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Question
an unanswered constitutional question about the judicial branch involves
who should approve judges and justices.
what \good behavior\ means, with regard to judicial terms.
how a supreme court is created.
who should appoint judges and justices.
The Constitution states that federal judges (including Supreme Court justices) shall hold their offices during "good Behavior." However, it does not clearly define what "good Behavior" means in the context of judicial terms. This is an unanswered constitutional question.
- The Constitution clearly states that the President appoints judges and justices (with Senate approval), so the questions of who appoints (President) and who approves (Senate) are answered.
- Article III of the Constitution creates the Supreme Court.
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what "good behavior" means, with regard to judicial terms.