President Donald Trump has been moving with great speed to implement his policies, but has seen his agenda blocked in many instances by partisan judges issuing broad injunctions or restraining orders, which has prompted some Republicans to call for the impeachment and removal of said judges.

Rep. Andy Biggs (R-AZ), however, thinks the Senate impeachment process can be avoided by invoking the U.S. Constitution's "good behavior" clause to remove sitting federal judges, Just the News reported.

The Arizona congressman noted that removal via impeachment would require a Senate trial and a two-thirds majority, while invoking the "good behavior" clause would require only a simple majority of senators to concur with a House-passed removal resolution.

Invoking the "good behavior" clause

On Monday, Rep. Biggs introduced a resolution to remove from the bench U.S. District Judge James Boasberg, the chief judge of the Washington D.C. district, for his failure to maintain "good behavior" as required by the U.S. Constitution.

Article III, Section 1 of the Constitution states, in relevant part, "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior."

Biggs, among other Republicans, asserted that Boasberg has "knowingly" exceeded his jurisdiction to "unjustly" interfere with President Trump's foreign policy agenda by blocking Trump's efforts to deport criminal illegal aliens.

"We cannot stand by while activist judges who incorrectly believe they have more authority than the duly-elected President of the United States, impose their own political agenda on the American people," Biggs said in a statement. "I have cosponsored resolutions to impeach Judge Boasberg. His removal from office via impeachment, however, will undoubtedly be blocked by Democrats in the Senate, since it requires a two-thirds majority."

"My resolution, on the other hand, asserts, pursuant to Article III, Section 1, that rogue judges may be removed the same way we confirm them -- by a simple majority," he added. "Judge Boasberg abused his judicial authority for political gain and is not in compliance with the constitutional Good Behavior Clause. He must not be permitted to remain in his position. Congress has a duty to fulfill the promises we’ve made to the American people, including defending the President’s authority to enforce our laws."

Alternative method to hold federal judges accountable

In remarks to Just the News about his resolution, Rep. Biggs said, "Most Americans believe that there is lifetime tenure for a federal judge. That unless impeached, a federal judge can serve until death. But lifetime tenure is not guaranteed, nor mentioned, in the Constitution. Article III, Section 1 permits a federal judge to serve only 'during good behavior.'"

"What about a judge who has a conflict of interest and refuses to recuse himself from the case with which he has a conflict?" he asked. "Or, what if he has repeatedly supported publicly a political figure and vigorously denounced, not just on policy grounds, but on more virulent grounds, his political opponent? Then a case involving the political adversary comes before him, and he insists on hearing the matter instead of recusing?"

"You see, impeachment doesn’t work in these and other similar instances. The jurisdiction limitation against nationwide injunctions also doesn’t prevent an unjust, biased determination," Biggs continued.

"Maybe, however, firing such a judge could be the answer. It would certainly be specific deterrence that would prevent that type of misconduct from such a judge," he added. "And it would provide general deterrence in that all other federal judges would think more about applying the law to the case rather than attempting to twist the law so that the judge can attack a political adversary."

Opportunity for Congress to say 'You're fired' to federal judges

Rep. Biggs asserted to Just the News that since the Senate rules were changed to allow the confirmation of judges with a simple majority vote, so too could those same judges be removed with a simple majority vote in both chambers of Congress.

Should his GOP colleagues agree, the congressman added, "Article III, Section 1 will allow us to collectively say, 'You’re fired' to those judges who have forfeited their tenure on the bench by abusing their power."