In The Federalist No. 78, Alexander Hamilton uses “good behavior” to describe the condition under which federal judges are allowed to keep their offices: they may serve for life as long as they behave properly and do not abuse their power, with impeachment as the main way to remove them if they do.

Basic meaning

  • “During good behavior” is a legal phrase that essentially means “for life, unless removed for serious misconduct.”
  • Hamilton links this “good behavior” tenure to “permanency in office” and “permanent tenure,” showing he treats it as life tenure conditioned on not misusing the office.

Why Hamilton cared

  • Hamilton argues that letting judges stay in office during good behavior creates an independent judiciary that can resist pressure from the other branches.
  • He calls this standard “one of the most valuable” modern improvements in government and says the Constitution would be defective without it.

What “good behavior” covers

  • Historically, “good behavior” came from English law, where judges held office quamdiu se bene gesserint —“so long as they conduct themselves well.”
  • In practice, this means judges can only be removed through impeachment for serious offenses like treason, bribery, or other high crimes and misdemeanors, not just for unpopular decisions.

Big idea in plain terms

  • For Hamilton, “good behavior” is less about micromanaging judges’ morals day‑to‑day and more about guaranteeing them security in office so they can protect the Constitution and individual rights without fear of political retaliation.
  • So when Hamilton talks about “good behavior,” he is defending the idea that judges should serve as long as they faithfully and honestly perform their judicial duties, with impeachment as the safety valve if they do not.

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