Semester 2 Week 5

 Credit: Kami Harris

Article III

Section 1

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.  This provision gives the American people the RIGHT to have a system of federal courts where their problems under federal jurisdiction can be adjudicated (to make an official decision about a problem or dispute).  The size of the Supreme Court is not indicated, and down through the years the number of Justices has gone up and down like a political yo-yo.  In 1937 a bill was passed which allowed the Attorney General to appeal directly to the Supreme Court whenever the constitutionality of an act of Congress was involved.  The inferior courts were first called circuit courts, but by 1890 the Supreme Court was so overburdened that a “circuit court of appeals” was set up in each of the nine circuits of the United States.  The names “circuit Courts” was abolished for the inferior courts, and these were renamed the United States “district” courts.  The desire of the founding fathers was to keep separate and distinct the objects of the jurisdiction of the federal from that of the state judiciary.  The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, One of the devices by which the kings of England kept the courts under their submission was controlling the compensation of the judges or summarily dismissing them if they issued decrees which were contrary to the desires of the Crown.  By giving judges a life tenure during “good behavior,” the Constitution insured the independence of the judges, and by assuring the maintenance of their salaries, it removed them from the possibility of intimidation in case of unpopular decisions.  and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2

1:  The judicial Power shall extend to all Cases, in Law and Equity, This provision gave the federal courts the RIGHT to handle all federal cases whether they involved principles of law or principles of equity (fairness).  Equity involves times when there may not be a particular law broken, yet there is unnecessary accident, fraud, or hardship that has taken place that needs to be addressed in a court. arising under this Constitution, the Laws of the United States (The people should have the RIGHT to appeal to the federal courts whenever a case involves the interpretation or enforcement of a law of the United States), and Treaties made (The people should have the right to be heard in a federal court if there is question concerning the application of any treaty or agreement made by officers of the United States government with a foreign power) , or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls(This provision gives any high official of a foreign government the RIGHT to have direct access to the federal courts to adjudicate (reach a judicial decision) any cases in which these individuals might become involved;--to all Cases of admiralty (naval officer of a high rank) and maritime (relating to the sea) Jurisdiction (Because maritime and admirality cases relate to problems lying outside the normal jurisdiction of a state, this provision gives litigants the RIGHT to have their case heard in a federal court.);--to Controversies to which the United States shall be a Party;(Because the United States government is the highest level of legal authority in the Union, it is only appropriate that any issue in which it is a party should be adjudicated as a matter of right in the highest available tribunals of the nation.--to Controversies between two or more States;(When two states are in disagreement, they are not likely to accept a decision from ether of their courts. --between a State and Citizens of another State; (This provision was appealed by the 11^th Amendment)  --between Citizens of different States,(This provision was designed to give citizens of different states the RIGHT to have their litigation adjudicated in a neutral court on the federal level --between Citizens of the same State claiming Lands under Grants of different States (This provision was designed to give citizens of the same state the RIGHT to adjudicate their controversy in a neutral federal court when it involved lands or grants in states other than their own., and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.  (This provision gives the parties the RIGHT to have their case heard in the highest courts of the land—courts not identified with any particular state or group of individuals.)

2:  In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.  (Because of the delicate relationships with foreign powers, this provision gives any top diplomatic officer the RIGHT to have immediate access to the highest tribunal in the land in order to settle any legal problem.)  In all the other Cases before mentioned, the supreme Court shall have appellate (having the jurisdiction to hear appeals and review the decisions of lower courts) Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.  (This provision gives the Congress the RIGHT to limit the appellate jurisdiction of the Supreme Court on any subject not previously allocated to it as matter of primary jurisdiction by the Constitution.)

3:  The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; (In an impeachment proceeding, the trial is before the Senate; however, in all criminal cases the defendant has the right of trial by jury.) and such Trial shall be held in the State where the said Crimes shall have been committed; (One of the reasons for this is so that his witnesses and family can attend the proceedings with the least amount of expense and inconvenience.) but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

1:  Treason (Betrayal) against the United States, shall consist only in levying (declaring) War against them, or in adhering (supporting) to their Enemies, giving them Aid and Comfort.  No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

2:  The Congress shall have Power to declare the Punishment of Treason, but no Attainder (confiscation of rights or property) of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.  (This provision protects the family of a person accused of treason and gives the family and heirs the RIGHT to the return of the accused person’s real estate after the termination of his life.)

*All “red” information comes from Making of America chapters 24 and 25 as well as the Encarta Dictionary.