In Chapter 4 of Our Undemocratic Constitution, Sanford Levinson analyzes Article III of the U.S. Constitution, which concerns the judiciary branch and their powers. Levinson first brings attention to “The Good Behavior Clause”, which, as interpreted by most lawyers, primarily means that the judges of both the supreme and inferior courts are allowed to hold office for life tenure if they maintain a “good behavior”. Levinson adds to this in stating, “So long as the judges’ ‘behavior’ is within range viewed as ‘good’, that is, uncorrupted-which most certainly includes issuing controversial opinions that might antagonize part of the public-then they are protected against losing their positions” (Levinson, p. 126). In addition to his issues with
