What does a TRUMP presidency look like?

[Valmy]

It is sure going to be funny when he gets betrayed by Trump and ends up in jail.

[crazy canuck]

Are there no rules governing judges? Even supreme court judges? Presumably some better rules could be made and the judges suffer consequences for breaking them?

Or is impeachment the only way?

Only judges can make binding rules for judges.  It's that separation of powers thing.  Congress can impeach (with or without any rules), but that's it.

To amplify that point, in Canada the judiciary created its own code of conduct and the mechanisms for disciplining judges who breached that code.

[The Brain]

What kind of rules are we talking about? Laws?

[grumbler]

What kind of rules are we talking about? Laws?

Judges cannot make laws, just rules.  Things like reporting gifts, mandatory recusal in certain cases, etc.  Lots of state judiciaries in the US have such rules, but not the USSC.

[Sheilbh]

Good chap constitutionalism.

[The Brain]

What kind of rules are we talking about? Laws?

Judges cannot make laws, just rules.  Things like reporting gifts, mandatory recusal in certain cases, etc.  Lots of state judiciaries in the US have such rules, but not the USSC.

In Sweden courts are regulated by law. Making up their own rules seems a bit weird.

[The Minsky Moment]

Congress has power over the lower federal courts because that power is explicitly granted in Article I and Article III. To take a salient example, Congress passed a law setting the standards for disqualification of a judge due to partiality (28 usc 455).  That law by its terms also applies to the Supreme Court and that is true of other Congressional enactments concerning the federal courts.  The issue is enforceability against the Supreme Court.  Because the Supreme Court is its own constitutional branch and because Congressional powers over the federal courts are explicitly limited to lower courts, the accepted understanding is that Congress can't enact binding regulations on the operation of the Supreme Court.  ( Congress can significantly limit the Courts jurisdiction however)

The lower federal courts are also governed by a Code of Conduct that was internally developed within the judicial branch. That code also did not apply to the Supreme Court but the Court did announce their own code last year.  Obviously the credibility of that code is now under severe test.

[The Minsky Moment]

In Sweden courts are regulated by law. Making up their own rules seems a bit weird.

Few countries have adopted the American system of semi autonomous separate branches of government. The system has its advantages but also its disadvantages.  The system does depend a certain extent on key figures exercising ethical restraint, and thus in recent years has not always shown well.

[Admiral Yi]

The lower federal courts are also governed by a Code of Conduct that was internally developed within the judicial branch. That code also did not apply to the Supreme Court but the Court did announce their own code last year.  Obviously the credibility of that code is now under severe test.

Do these codes of conduct have the force of law?

[crazy canuck]

I am sure the US has such a thing as self regulating professional bodies.  I am less sure they exist in Sweden, but if you know how those work, then you will have some idea how the Juducial Council works in Canada.

For bonus points you might have some familiarity with the fact a Justice of the Supreme Court of Canada recently stepped down after allegations arose that he had breached the code of conduct.

[The Minsky Moment]

Do these codes of conduct have the force of law?

No

[Valmy]

Do these codes of conduct have the force of law?

No

So really they are suggestions of conduct more than a code.

[The Minsky Moment]

Do these codes of conduct have the force of law?

No

So really they are suggestions of conduct more than a code.

"Ethical Canons" is the phrase used.
Think of the Pirate Code from the Disney Pirates movies, except with some superannuated senior circuit judges taking the place of Keith Richards

[crazy canuck]

Do these codes of conduct have the force of law?

No

So really they are suggestions of conduct more than a code.

I am making an assumption that you were professionally licenced by a professional body who has the authority to remove your licence if you violate their professional requirements.  Lawyers are treated the same way, we can be disbarred if we violate our licencing body's code of conduct.

[Sheilbh]

So really they are suggestions of conduct more than a code.

You'd be surprised how much of law is like that

It's normally a good sign that a society hasn't had to go fully legalist and prescriptive. But it does rely a bit on trust, people being responsible etc.