Hello and welcome to a history of the United States.

Episode 193, Let's Impeach All the Judges.

Last time out, we covered the early history of judges in the American Republic.

During the first decade of its existence, the judiciary seems to become a Federalist institution, something which seemed to be cemented when the Lain Duck Federalist Congress introduced a new judiciary bill and Adams appointed a new Chief Justice, John Marshall.

Today, we turn our attention towards what happened when the Republicans took office.

The first thing that had to be done was to undo the Judiciary Act of 1801. It was a long battle

in Congress, but eventually in 1802, it was repealed. The additional circuit courts were abolished and their judges

lost to their positions. This marks the only time in American history that the tenure of federal

judges was revoked. Republicans argued that this was not unconstitutional because they were not removing the judges.

They were removing the courts.

Samuel Chase, a federal justice, called this, puerile and nonsensical.

The Republicans replaced this with a new Judiciary Act of 1802. This bill set six courts instead of three,

with a Supreme Court justice serving on a circuit court twice a year. The Supreme Court would meet once a year for four weeks instead of twice a year for two weeks,

which in practice meant that the court couldn't reconvene until February 1803.

Federalists wondered whether this was setting a precedent for a longer suspension in future.

Many, including some Republicans, were unhappy with the repeal of the

1801 Act, but others, Jefferson included, thought that the 1802 Act didn't go far enough.

Jefferson wanted presidential power to remove judges, but congressional Republicans would not go along with it,

instead settling on impeachment for high crimes and misdemeanors.

In 1804, the Republicans started actioning this.

John Pickering, a judge on the federal district court of New Hampshire, was impeached and found guilty. Pickering, a judge on the Federal District Court of New Hampshire, was impeached and found

guilty. Pickering was partisan, an alcoholic and quite possibly insane, but he hadn't committed

...