Article III of the U.S. Constitution - The Judicial Power

Article III of the United States Constitution creates and defines the judicial power of the national government.

Section 1
Article I of this article places the judicial power of the United States in "one Supreme Court."  It also gives Congress the authority to create additional federal courts whose jurisdiction is below the Supreme Court. This article allows judges to hold their offices during "good behavior" (commonly referred to as lifetime appointments) and authorizes compensation for judges, which cannot be reduced while they are in office.

Note:  Unlike Articles I & II, Article III does not establish any constitutional requirements for serving on the Supreme Court or on other federal courts.  No age, citizenship, or residency requirements are created for members of the judiciary.

Section 2
In this section, the jurisdiction of the Supreme Court is defined.  The jurisdiction extends to all cases "in law and equity" arising under the Constitution, laws subsequently passed under the Constitution, and treaties.  Specifically, their jurisdiction extends to:

• All cases affecting federal officials
• Maritime law
• Controversies in which the U.S. government is involved
• Disputes between two or more states

Note:  In the original text, the power of the court also extended to cases in which states were states were involved in disputes with the citizens of other states or with foreign citizens or governments.  This was changed by adoption of the 11th Amendment.

The original jurisdiction (the right of the Court to be the first to hear a case) of the Supreme Court is extended to cases involving federal officials or in cases in which a state is a party.  In all other cases, the Supreme Court has appellate jurisdiction (the right to review the decisions of lower courts).  However, Section 2 leaves open the ability of Congress to regulate the jurisdiction of the Court.

Section 2 guarantees the right to a trial by jury in criminal cases, and requires that criminal trials be held in the state they were committed.

Section 3

Section 3 defines "treason" and creates a specific criteria for convicting

an individual for treason.  Treason is defined as:

• Levying war against the U.S.
• Adhering to the enemies of the U.S.
• Giving the enemies of the U.S. "aid and comfort"

No person can be convicted of treason unless their are two witnesses to the "same overt act," or unless a confession is given in open court.  While Congress is given the authority to establish the punishment for treason, it cannot "work corruption of blood."

Note:  "Corruption of blood" commonly refers to a practice in which the relatives of the individual convicted are also punished by preventing any inheritance being passed on to the convict's family.