Article 3 Judicial Branch
Background information and terms:
Judicial Review: The Supreme Court has the power to review the constitutionality of acts of national and state governments. This is implied but not directly stated in the Constitution. It has been one of the primary jobs of the Supreme Court. The concept was defined by Alexander Hamilton in the Federalist Papers.
Striking down laws passed by Congress:
- 1803-1857 Supreme Court struck down 2 federal laws
- 1942-1995 Supreme Court struck down 46 federal laws
- 1995-2019 Supreme Court struck down 49 federal laws
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Okay, here’s the Constitution Article 3: The Judicial Branch. Comments are italicized and bolded. The sections that are underlined in blue have been removed by later amendments. Transcript is from the National Archives at archives.gov
Article 3 Judicial Branch
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.”
This section clarifies that the Judicial Branch is the Supreme Court and any other federal courts that Congress may establish.
Judges hold office for a lifetime and get paid for their job.
They hold their office as long as they are on “good behavior”.
Judges who have been impeached include:
- Supreme Court Judge Samuel Chase (1804) for arbitrary and oppressive conduct of trials. Acquitted
- District Court Judge John Pickering (1803) for drunkenness on the bench. Removed.
- District Court Judge Harry Clayborne (1986) for tax evasion. Removed.
- District Court Judge G. Thomas Porteus, Jr. (2010) for accepting bribes. Removed.
Section. 2.
“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.”
Section. 3.
“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.”
References
Congressional Research Service. The Emoluments Clause. https://crsreports.congress.gov/product/pdf/IF/IF11086
Constitution Center. Constitution 101. https://constitutioncenter.org/the-constitution/constitution-101-course
fjc.gov Judges who have been impeached. https://www.fjc.gov/history/judges/impeachments-federal-judges
National Archives. The Constitution. https://www.archives.gov/founding-docs/constitution-transcript
Supreme court.gov https://www.supremecourt.gov/about/about.aspx
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