Prejudices, fourth seriesMencken, H. L. (Henry Louis)
History
Prejudices, fourth series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
Many of the sitting Federal judges, as a matter of fact, are obviously
unfit for the duties they have to perform. Some of them owe their jobs
to litigants who are habitually before them, and others are admittedly
beholden to such corrupt agencies as the Anti-Saloon League. Is it
maintained that such dubious fellows make competent and respectable
judges, or that the clumsy and enormously costly process of impeachment
offers a practicable means of dealing with their frequent and flagrant
peccadillos? Plainly not. Even when their obscenities upon the bench
become publicly scandalous they are protected by the fact that
impeachment is essentially a political, not a judicial process, and
that in consequence it is excessively slow and uncertain--in other
words, by the fact that it lacks the very characters which legal
punishment fundamentally needs. It is, as a matter of practise, almost
as safe for a Federal judge to take care of his fellow-golfers and
scofflaws as it is for a Prohibition officer to blackmail a bootlegger
or for an agent of the Department of Justice to manufacture perjury
against so-called Reds. If he belongs to the party in control of
Congress he cannot be impeached for any crime short of highway robbery
or piracy on the high seas, and even if he belongs to the minority
party the citizen who complains of him must be extremely influential
to be heard at all, and extremely rich to meet the heavy costs of
prosecuting him. In brief, the remedy against him that is offered by
the Constitution and the laws is, in substance, no remedy at all. No
matter how grossly he violates his oath and the decencies, he commonly
remains upon the bench until some grateful litigant or syndicate of
litigants offers him a better job.
Public-domain text, read in full here on John Shaqi.
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