Blackstone on Judicial Tenure

Source: Tenth Amendment Center
by Michael D Ramsey

“As noted in my opening post in this series, earlier this month Professor Jed Shugerman sharply criticized originalist executive power scholars, and particularly a brief submitted to the Supreme Court by originalist scholars in Seila Law v. CFPB. One key point of dispute was the extent to which Blackstone’s Commentaries indicates that the eighteenth-century English monarch had removal power over executive officers. In my first post, I discussed Blackstone’s account of the monarch’s executive power. This post addresses a key area in which, in Blackstone’s description, the king’s removal power was limited: the tenure of judges.” (01/02/22)