Yes, activist judges can be impeached, argues Judicial Watch President Tom Fitton in a recent op-ed he wrote for the Washington Examiner. Fitton writes, the framers of the Constitution address concerns about judges abusing their powers by pointing to the constitutional check on any such abuse. That check? Impeachment. In Federalist Paper number 81, Alexander Hamilton explained that while the judiciary may occasionally encroach upon legislative authority, its comparative weakness and total incapacity to support its usurpations by force limits the danger. Hamilton added that this is greatly fortified by the consideration of the important constitutional check, which is the power of instituting impeachments.

He further added impeachment alone is a complete security. The last time Congress used its impeachment powers on judicial activism was in 1804, when Supreme Court Justice Samuel Chase was impeached by the House for, among other alleged misconduct, being an election-earning partisan. Chase was acquitted by the Senate. President Trump and House members have called for the impeachment of federal judges who have made controversial decisions that many argue unconstitutionally hijack the power of the presidency. In response, Chief Justice John Roberts issued an unusual statement. For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.

The normal appellate review process exists for that purpose. Judicial Watch President Tom Fitton said in response,
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