Article III:
Judicial Department
Summary
Judicial power is vested in a Supreme Court and enough inferior courts to prevent overloading the Supreme Court and for convenience to the people. Judicial power extends to all cases arising from controversies arising under this Constitution and laws of the land. However, it does not extend to cases involving suits against a State by citizens of another or by citizens or subjects of any foreign state. Supreme Court decisions are subject to override by the objection of two-thirds of State supreme courts.
Sections
Click on the Button to View
Section III.1.
United States Courts
III.1.1. Judicial Power Vested
The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuation in office. (U.S.C. III.1)
- Judicial power is the power to dispense judgment and has neither force nor will.
- A system of courts is created so the people can have most of their disagreements resolved without having to appeal to the Supreme Court or to travel far for a hearing.
- Establishing inferior courts prevents overloading the Supreme Court with cases.
- Judges hold their offices during good behavior and are free from legislative, executive and public pressure to change their opinions for fear of retaliation like shortening their time in office or reducing their compensation.
Section III.2.
Jurisdiction
III.2.1. Judicial Power Defined
The judicial power shall extend to all cases, in law and equity, arising under this Constitution and the laws of the [Nation,] … or which shall be made under their authority; … to all cases affecting public ministers and counsels; to all cases to which the [Nation] shall be a party; to controversies between two or more States, between a State and citizens of another State, and between citizens of different States. (U.S.C. III.2.1.)
- Because this constitution is written for states, counties, cities and towns, as well as the National government, those parts of this clause that pertain strictly to national affairs are presented under section III.4. Additional Powers of the National Judiciary.
- This clause enables the people to appeal to the courts whenever they feel they have been wronged or injured. It also assures that the Nation’s laws are fairly interpreted, and the people and States are protected from errant lawmaking.
- Judicial power is limited to cases relating to powers granted by this Constitution and to laws passed by the Congress. It does not extend to interpreting the Constitution or laws beyond their intended meaning.
- Nor does judicial power extend to cases arising from internal state’s, except appellate cases involving the Nation’s Constitution and laws made under its authority.
- However, judicial power does extend to all cases within its jurisdiction, whether it involves points of law, fact or equity.
- The Court supports the National government by enforcing its laws and protecting its officers while on duty. Its officers are not, however, exempt from the laws of the States where they work.
III.2.2. Supreme Court
In all Cases affecting … public Ministers and Consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions and under such Regulations as the Congress shall make. (U.S.C. III.2.2)
- The Supreme Court serves as the final arbiter of appeals and uniformly interprets the laws.
- State authorities, as well as individuals, have access to the Supreme Court when they have a dispute with the laws of the Nation.
- Appellate jurisdiction does not extend to reviewing State court’s decisions, except in cases involving violation of the people’s rights to life, liberty, property and equal protection of the laws.
III.2.3. Trial by Jury
The trial of all crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be held at such Place or Places as the Congress may by law have directed. (U.S.C. III.2.3.) In suits at common law, where the value of the controversy shall exceed [the lesser of the value of one ounce of fine gold or Two Thousand year-2000 dollars], the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise reexamined in any Court of the [Nation], than according to the rules of the common law. (U.S.C. Amendment VII, with the amount adjusted to fit modern conditions.)
- People accused of a crime have the right of trial by jury, which gives them protection against an oppressive government and unjust judges.
- Jurors usually render a decision on the facts of a case. However, they may also rule on whether the law is reasonable and just by giving a not guilty verdict if they consider it unjust, even if the accused is guilty of a lesser crime. This practice is termed jury nullification.
- An accused person may request a jury trial if the value of the controversy is large.
- Facts found in a case tried by a jury must remain unchanged during appeal. And the jury’s findings cannot be altered by a trial judge or appellate court, unless an error of law was committed during the trial; if so, a re-hearing could be ordered.
- Common law–the weight of former legal decisions–cannot, however, circumvent constitutional law.
- Trials must be held close to home, where an accused person can have family and witnesses attend with the least amount of trouble and expense.
- If a crime is not committed in any state, Congress may designate where to hold the trial.
- In suits at common law, where the value of the controversy is large, the accused may request a jury trial.
Section III.3.
Restraints on Judicial Powers
III.3.1. Judicial Powers Limited
The judicial power of the Nation shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the States by citizens of another State, or by citizens or subjects of any foreign state (U.S.C. Amend. XI); [and shall not extend beyond the original intent of the Constitution and laws made under its authority.]
- The first part of this clause protects State sovereignty by keeping National courts from interfering in cases brought by individuals against a State..
- The second part enjoins the courts to confine their opinions to the Constitution and laws as intended.
- Laws that conflict with provisions of the Constitution should be declared unconstitutional by the courts.
- Bad laws that do not conflict with provisions of the Constitution should be repealed or amended by the Legislature.
- Bad provisions of the Constitution should be amended as described in Article V.
III.3.2. Judicial Decisions Subject to Override
[Upon majority vote of two-thirds of State Supreme Courts during any two-year period, States may override a majority opinion rendered by the National Supreme Court or an unfavorable opinion rendered by a lower court let stand by the Supreme Court. The States’ override shall not be the subject of litigation or review in any National or State court, or subject to oversight or interference by the Congress or President.]
- Even the best of tribunals errs from time to time. This provision is designed to correct errors and is a check against the National judiciary overreaching its constitutional authority.
- Because the Nation is the child or creature of the States, they have the right and responsibility of reviewing harmful decisions rendered by the Nation’s courts.
- Bad judges can be impeached, bad laws repealed or amended by Congress, and bad decisions annulled or reversed by State courts. The National judiciary is therefore under scrutiny by both National and State authorities.
Section III.4.
Treason Defined
III.4.1. Definition of Treason
Treason against the United States shall consist only in levying war against the them, or in adhering to their enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witness to the same overt Act, or on Confession in open Court. (U.S.C. III.3.1.)
- Treason is limited to these two offenses, and only during a time of war. It is narrowly defined to prevent the United States from abusing people whose opinions differ from the views of those in power.
- Treason is a crime against the Nation; a State cannot charge a person of treason.
- Only when war has been declared by Congress can a person be charged with treason.
- Two witnesses of an overt act are required to convict a person of treason. Just thinking or talking about it cannot make a person guilty of treason. Planning a riot or rebellion, on the other hand, could be treason.
III.4.2. Punishment for Treason
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work corruption of Blood, or Forfeiture except during the Life of the Person attained. (U.S.C. III.3.2.)
- Only the Congress can prescribe the punishment for treason. The executive cannot prescribe it.
- The extent of punishment for treason is limited. Relatives or heirs cannot be punished for a person’s traitorous acts. Property seized during the person’s life must be returned to his or her heirs or assigns upon death. This clause removes the temptation for the President to declare a person treasonous to confiscate his or her property or the property of heirs or assigns.
- Of course, if the relatives or heirs were co-conspirators, they could be tried and punished.
Section III.5.
Additional Powers of the National Judiciary
III.4.1. Additional Powers of the National Judiciary
[The judicial powers of the Nation shall extend] to all cases in law and equity affecting Treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, [foreign] ministers and counsels; [and], to all cases of [general military officers abroad], and maritime [and space] jurisdiction. (U.S.C. III.2.1.)
- If a person or entity objects to the terms of a treaty or agreement made by the National government, the objection may be heard in a National court.
- High officials of foreign governments have access to the Nation’s courts to decide cases involving their governments. If they have a controversy with the Domain, they have access to the Supreme Court. This courtesy shows respect to foreign governments and may preempt problems were a lower court to hear the case.
- Resolving problems with foreign governments in the National courts, rather than piecemeal in state and local courts gives uniform interpretation of the laws and supports good international relations.
- Cases involving highest military officers abroad including naval officers at sea, lie outside the normal jurisdiction of a Sub-domain and fall under the National government’s authority.
Section III.5.
ADDITIONAL POWER OF THE NATIONAL JUDICIARY
III.5.1. Additional Powers of the National Judiciary
[The judicial powers of the Nation shall extend] to all cases in law and equity affecting Treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, [foreign] ministers and counsels; [and], to all cases of [general military officers abroad], and maritime [and space] jurisdiction. (U.S.C. III.2.1.)
- If a person or entity objects to the terms of a treaty or agreement made by the National government, the objection may be heard in a national court.
- High officials of foreign governments have access to the Nation’s courts to decide cases involving their governments. If they have a controversy with the Nation, they have access to the Supreme Court. This courtesy shows respect to foreign governments and may preempt problems were a lower court to hear the case.
- Resolving problems with foreign governments in the National courts, rather than piecemeal in state and local courts gives uniform interpretation of the laws and supports good international relations.
- Cases involving highest military officers abroad, including naval officers at sea, lie outside the normal jurisdiction of a State and fall under the national government’s authority.