In a government under law, Chief Justice John Marshall observed in the early 19th century, a judge must be "perfectly and completely independent, with nothing to influence or control him but God and his conscience." To help protect him from temptation, the framers of the Constitution created a free and independent federal judiciary, with life tenure, a handsome salary and protection from capricious removal or congressional retaliation. The judge's part of the bargain is implicit but clear. He is expected to adhere to moral standards far more stringent than those of the...
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