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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Although this section establishes the Supreme court, the number of justices is not defined! This is left up to Congress, and the number has changed over the years. Remember back to Article II that the President of the United States appoints justices, with congressional approval. Separation of Power at it's finest! In the table below you will see that in 1866 the number of Justices decreased by three. Congress did this in order to prevent President Andrew Johnson from appointing anyone new.
| Year | Number of Justices |
| 1789 | 6 |
| 1807 | 7 |
| 1837 | 9 |
| 1863 | 10 |
| 1866 | 7 |
| 1869 | 9 |
If you remember in Article I and II of the Constitution, there were guidelines for becoming a representative, senator, and President. They involved age as well as citizenship. Note the lack of any qualification here. There are none! I think that our founding fathers assumed that if someone was appointed by the President, and approved by the Congress, that would be qualification enough.
Inferior, or lower, courts can be established and abolished by congress as they see fit. Nothing fancy there.
The last part lays out that Supreme court justices and other federal judges will keep their jobs for as long as they want them. They can not be fired, but provisions set up in Article II allows for their impeachment. Also, the constitution lays out that they will receive a paycheck, and can never take a pay-cut.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.This clause is stating where the judicial power of the Supreme court will reign. The things that must be determined by the Supreme court or it's inferior courts, such as when the United States is against someone when two states have a dispute, and when a foreign country is involved, are all outlined here. It makes sense too. If North Carolina wanted to take South Carolina to court over a dispute on where the border between them was, they would need a "big brother" to step in and make a decision.
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. In all the other Cases before mentioned, the supreme Court shall have appellateJurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.This clause is identifying when the Supreme court will have original jurisdiction, which means when it will take the lead and when it will have appellate jurisdiction, in which an inferior court will take the lead, with the supreme court taking on the case if necessary.
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 at such Place or Places as the Congress may by Law have directed.
This language comes right out of the mouths of men who saw the opposite happen. Under the rule of King George, trials were not by a jury, and they were often not held where the crime was committed. The King would force the accused to travel to England and the accused would be found guilty. In the Preamble, the founding fathers' first point was to, "establish justice." You will see this get spelled out again in the 4th, 5th, 6th, 7th, and 8th amendments.
Section three really focuses on the crime of Treason.
Treason is defined as: "the crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government." Here's hat section three of Article III in the U.S. Constitution says about it.
Treason against the United States, shall consist only in levying War against 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 Witnesses to the same overt Act, or on Confession in open Court.
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 attainted.
Again, the founders use their experiences with a tyrant to set up their ways of dealing with treason. Prior to the Declaration of Independence (Start my five-part series here!) representatives sent King George the, "Olive Branch Petition" asking, almost begging him to leave the colonists alone. Instead, he called: "TREASON!"
When the founders had enough and drafted the Declaration of Independence, logically laying out human rights, the ways the king had been oppressing them, how the government had failed, and eventually declaring themselves independence the king called: "TREASON!"
When the founders had enough and drafted the Declaration of Independence, logically laying out human rights, the ways the king had been oppressing them, how the government had failed, and eventually declaring themselves independence the king called: "TREASON!"
Instead, the founders were very precise in how they defined treason and how someone would be found guilty of it to protect its citizens from being falsely accused. That is the reason for the two witnesses and the overt act, or congestion in open court. You can't be accused of treason secretly!
The last sentence gives Congress the power to declare the punishment but does not allow for any family members ("blood") to inheriting the property of someone convicted of treason for the course of a convicted persons' life.
That's it: The Judicial branch.
It seems like it would be more complicated, but it's not!
It seems like it would be more complicated, but it's not!
I hope you learned something and I would appreciate any comments you might have.
Next week we will cover relations between states.
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Here is a link to the U.S. Constitution.
Resources:
Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.
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Resources:
Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.
Other various sources.
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