43
or
removal
of
lower
court
Judges.
While
each
congressional house could cleanse itself by expelling
members who misbehaved, neither the Supreme Court nor
the judiciary as a whole enjoyed comparable inherent
power to clean the judicial house. (Raoul Berger,
Impeachment;
the
Constitutional
Problems,
(1974),
127-34).)
Congress could impeach and remove Judges, yet
Judges
lacked
congressmen.
essential
counterbalancing
In
power
all
to
these
fill
authority
ways,
up
and
to
oust
implicating
empty
out
the
the
branches, the judiciary was not just last but least.
Article
III
featured
a
‘court’
that
it
called
‘supreme’, but this adjective hardly meant that the
judiciary outranked the Legislature and Executive.
Rather, the word primarily addressed the hierarchy
within
the
judiciary
itself,
placing
America’s
highest court above any lower Federal Courts that
might be created. Thus each of article III’s first
two sentences juxtaposed the ‘Supreme Court’ against
other
‘inferior’
language
in
Federal
article
I
Courts,
as
empowering
did
earlier
Congress
to