Article III of the Constitution of the United States provides
that judges of constitutional courts shall serve during "good
behavior." The purpose of that provision was to secure the
independence of the federal judiciary from any efforts of others
with political power to influence judicial decisions improperly.
The term has often been assumed to mean that Supreme Court
justices may hold office until they resign, die or are removed
for serious misfeasance. Our nation has greatly benefitted from
the exceptional independence of the federal judiciary, but the
independence principle does not require lifetime tenure for
justices. The conventional assumption has become unsound because
of increases in our longevity and other changes that have
increased the tenure of justices. Since 1971: (1) Average tenure
in office, historically about 16 years, has increased to nearly
26 years; (2) the average age upon leaving office has increased
from about 70 to 79; and (3) the average number of years between
appointments has incr