Article III - The Judicial Branch

Article III establishes the judicial branch of the federal government, creating the Supreme Court, defining federal judicial power, and providing crucial protections for the rule of law and individual rights.

🇺🇸 ARTICLE III — SECTION 1

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

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.”

2. Plain English

There will be one Supreme Court, and Congress may create lower federal courts if it chooses. Federal judges keep their jobs for life as long as they behave properly, and their pay cannot be cut while they are in office.

3. Government Powers Created

✔ Creates the Federal Judiciary

Establishes a Supreme Court (the only court the Constitution requires).

Gives Congress power to create other federal courts:

  • District Courts
  • Courts of Appeals
  • Specialized courts (e.g., Tax Court, Claims Court)

✔ Vests “judicial power”

Federal courts receive:

  • authority to decide cases
  • constitutional interpretation authority
  • judicial review (developed through case law)

✔ Life Tenure

Judges serve “during good Behaviour” — meaning:

  • lifetime appointment
  • can only be removed by impeachment

✔ Compensation Protection

Congress:

  • must pay judges
  • cannot reduce their pay while they are in office

This ensures judicial independence.

4. Government Restrictions / Limits

On Congress

  • Cannot abolish the Supreme Court.
  • Cannot remove judges except by impeachment.
  • Cannot reduce judicial salaries during tenure.
  • Cannot interfere with judicial decision-making.

On the Executive

  • Cannot remove judges.
  • Must execute judicial judgments.
  • Cannot cut judicial pay.

On the Judiciary

  • Cannot exercise non-judicial powers.
  • Cannot self-create courts.
  • Cannot change the Constitution.
  • Cannot enforce judgments by military or executive force (must rely on executive compliance).

5. What It Does NOT Say

  • Does not define what “judicial power” includes — structure developed through case law.
  • Does not explicitly give courts the power of judicial review — this comes from Marbury v. Madison.
  • Does not specify the number of Supreme Court Justices — Congress sets it.
  • Does not give courts power to enforce rulings by force.
  • Does not give courts budget authority.
  • Does not define impeachment standards for judges.
  • Does not require Congress to create lower courts (Congress could theoretically leave only the Supreme Court).
  • Does not forbid Congress from increasing or decreasing the size of the Supreme Court (court-packing permissible by law).

6. Key Supreme Court Interpretations

Marbury v. Madison (1803) – Judicial review: courts can strike down unconstitutional laws.

Martin v. Hunter’s Lessee (1816) – Supreme Court can review state court decisions on federal issues.

McCulloch v. Maryland (1819) – Judiciary interprets the scope of federal powers.

Ex parte McCardle (1869) – Congress can limit Supreme Court appellate jurisdiction (Article III, Section 2 issue).

United States v. Klein (1871) – Congress cannot tell courts how to decide a case — violates separation of powers.

Sheldon v. Sill (1850) – Congress can set limits on the jurisdiction of lower federal courts.

7. Amendments That Affect This Section

✔ 11th Amendment

Limits judicial power over suits against states.

No other amendment changes Article III, Section 1 directly.

8. Summary for TICRI

Article III, Section 1:

  • creates the federal judiciary
  • establishes the Supreme Court
  • authorizes Congress to create lower courts
  • guarantees judicial independence through life tenure
  • forbids reduction of judicial salaries
  • forms the backbone of the rule of law

This section ensures that courts remain independent from political branches, able to interpret laws and the Constitution without threat of financial or political retaliation.

🇺🇸 ARTICLE III — SECTION 2

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

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.

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 appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

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.”

2. Plain English

Federal courts can hear cases involving the Constitution, federal laws, U.S. treaties, ambassadors, the federal government, disputes between states, disputes between citizens of different states, maritime law, and cases involving foreign governments or foreign citizens.

The Supreme Court is the first court to hear cases involving ambassadors and cases where a state is a party. All other cases reach the Supreme Court only on appeal, unless Congress makes exceptions.

Criminal trials (except impeachment trials) must use juries and must occur in the state where the crime happened. If the crime wasn’t committed in a state, Congress decides where the trial will be held.

3. Government Powers Created

✔ A. Defines Federal Judicial Jurisdiction

Federal courts may hear:

  • constitutional cases
  • federal law cases
  • treaty cases
  • foreign relations cases
  • admiralty/maritime cases
  • cases with the U.S. as a party
  • disputes between states
  • diversity jurisdiction cases
  • cases involving foreign citizens or states

✔ B. Creates Supreme Court “Original Jurisdiction”

Supreme Court is the first and only court for:

  • cases with ambassadors
  • public ministers
  • consuls
  • cases where a state is a party (state vs. state, or state vs. foreign country)

✔ C. Establishes Supreme Court “Appellate Jurisdiction”

For all other cases, the Supreme Court acts as an appeals court, reviewing:

  • law
  • facts (if Congress allows)

✔ D. Grants Congress authority over appellate jurisdiction

Congress may create:

  • exceptions
  • regulations

This is the “Exceptions Clause.”

✔ E. Jury Trial Requirement

  • All federal criminal trials require juries.
  • Location of trials must be in the state where the crime occurred.

4. Government Restrictions / Limits

On Federal Courts

  • Cannot hear cases outside the listed categories.
  • Cannot issue advisory opinions.
  • Cannot initiate investigations or cases on their own.
  • Must base decisions on actual “cases or controversies.”
  • Must hold criminal trials in the state where offense occurred (except as allowed for extraterritorial crimes).

On Congress

  • Cannot expand federal jurisdiction beyond constitutional categories.
  • Cannot eliminate original jurisdiction of the Supreme Court.
  • Can regulate appellate jurisdiction but cannot destroy the Court’s ability to function.
  • Cannot violate the jury trial guarantee.

On the Executive

  • Must enforce court judgments.
  • Cannot bypass courts on matters requiring judicial review.
  • Cannot decide the guilt of individuals (jury required).

5. What It Does NOT Say

  • Does not authorize judicial review (Marbury v. Madison establishes it).
  • Does not require the Supreme Court to hear every case appealed (certiorari system created by statute).
  • Does not allow courts to rewrite laws.
  • Does not give courts power to enforce orders — they rely on the Executive.
  • Does not define “high crimes” or “misdemeanors” for impeachment.
  • Does not create rights of appeal — Congress creates most appeals by statute.
  • Does not grant courts jurisdiction over:
    • political questions
    • hypothetical disputes
    • internal congressional matters
    • purely state law issues (unless diversity or federal question exists)

6. Key Supreme Court Interpretations

A. Judicial Review

Marbury v. Madison (1803) – Courts can strike down unconstitutional laws.

B. Supreme Court can review state decisions

Martin v. Hunter’s Lessee (1816) – Cohens v. Virginia (1821) – Supreme Court may review state court judgments involving federal issues.

C. Original Jurisdiction cannot be changed

Marbury v. Madison – Congress cannot expand original jurisdiction.

D. Exceptions Clause

Ex parte McCardle (1869) – Congress may limit Supreme Court appellate jurisdiction.

E. No advisory opinions

Hayburn’s Case (1792) – Courts cannot issue non-binding opinions.

F. Jury trials

Apprendi v. New Jersey (2000) – Facts that increase punishment must be determined by a jury.

G. Diversity and Federal Question jurisdiction

Osborn v. Bank of the United States (1824) – Broad understanding of federal jurisdiction in cases “arising under” federal law.

7. Amendments That Affect This Section

✔ 11th Amendment

Limits federal courts from hearing cases where a state is sued by citizens of another state or foreign citizens.

✔ 6th Amendment

Elaborates on jury trial rights (speedy trial, counsel, confrontation).

✔ 7th Amendment

Provides jury trials in federal civil cases.

✔ 14th Amendment

Expands federal jurisdiction by creating federal questions involving:

  • due process
  • equal protection
  • privileges or immunities

No amendment changes the Court’s original jurisdiction.

8. TREASON (Covered in Section 3 but conceptually tied here)

Article III, Section 2 leads directly to Section 3 — the only crime defined in the Constitution. We will cover that next.

9. Summary for TICRI

Article III, Section 2 defines the entire scope of federal judicial authority:

  • The kinds of cases federal courts may hear
  • Supreme Court original jurisdiction
  • Supreme Court appellate jurisdiction
  • Limits on court power
  • The requirement for jury trials
  • Federal jurisdiction over constitutional and interstate disputes

This section ensures that the judiciary:

  • is limited
  • is independent
  • cannot act without cases
  • cannot expand or shrink its own power without constitutional authority

It is the backbone of the rule of law in American government.

🇺🇸 ARTICLE III — SECTION 3

Full Text + Complete TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

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.”

2. Plain English

Treason is only two things:

  1. Waging war against the United States.
  2. Helping the enemies of the United States.

A person can only be convicted of treason if two witnesses saw the same act, or if the person confesses in open court.

Congress can set the punishment for treason, but it cannot punish the traitor’s family or take their property after the traitor dies.

3. Government Powers Created

✔ A. Defines Treason Narrowly

The federal government can only prosecute treason for:

  • levying war against the U.S.
  • adhering to enemies (providing aid & comfort)

This prevents the English monarchy’s abusive practice of labeling political opponents as “traitors.”

✔ B. Strict Evidence Requirements

To convict someone of treason, the government must have:

  • two witnesses
  • to the same overt act

OR

  • a confession in open court

This is the highest evidentiary standard in U.S. law.

✔ C. Congress Sets Punishment

  • Congress determines penalties (historically death or imprisonment).

✔ D. Prohibitions on Collective Punishment

Congress may NOT:

  • punish the traitor’s family
  • confiscate property after death
  • impose “corruption of blood” (hereditary punishment)

This breaks from British traditions.

4. Government Restrictions / Limits

On Congress

  • Cannot expand the definition of treason.
  • Cannot enact “constructive treason” laws.
  • Cannot punish family members.
  • Cannot confiscate property beyond the traitor’s lifetime.
  • Cannot eliminate the two-witness requirement.

On the Executive

  • Cannot redefine treason.
  • Cannot prosecute political opponents as “traitors.”
  • Cannot convict without meeting strict evidence requirements.
  • Cannot impose punishment without congressional authorization.

On Courts

  • Must require “overt act” proof.
  • Must require two witnesses to the same act.
  • Cannot accept coerced confessions.
  • Cannot infer treason from speech alone.
  • Cannot expand or reinterpret treason beyond the text.

5. What It Does NOT Say

Does not allow treason charges for:

  • criticism of the government

  • political dissent

  • unpopular speech

  • disloyal opinions

  • membership in radical groups (without overt act)

  • Does not define “enemy” — this is determined by Congress/war law.

  • Does not allow punishment of descendants.

  • Does not allow retroactive treason laws.

  • Does not allow treason prosecutions for:

    • espionage
    • sabotage
    • terrorism
    • leaking classified information

Those require separate statutes — they are not treason.

  • Does not allow treason during peacetime unless:
    • war is declared
    • enemy exists

6. Key Supreme Court Interpretations

A. Ex parte Bollman (1807) – “Treason” requires actual levying of war, not conspiracy alone.

B. United States v. Burr (1807)

Aaron Burr’s case:

  • Mere intent to levy war is not enough.
  • Must be an overt act witnessed by two people.

C. Cramer v. United States (1945) – “Aid and comfort” requires more than friendly association. Witnesses must testify to the overt act, not intent.

D. Haupt v. United States (1947) – Aid to an enemy saboteur (own son) can constitute treason if overt acts are proven.

E. Kawakita v. United States (1952) – Dual citizenship does not protect against treason if one owes allegiance to the U.S.

F. Trop v. Dulles (1958) – Government cannot revoke citizenship as punishment for desertion (cruel & unusual).

7. Amendments That Affect This Section

None directly modify the Treason Clause.

However:

  • 14th Amendment, Section 3 deals with insurrection as grounds for disqualification from office (separate from treason).
  • 5th & 6th Amendments apply to treason cases (due process, jury trial).

The Treason Clause remains exactly as written in 1787.

8. Summary for TICRI

Article III, Section 3 intentionally makes treason the hardest crime to prosecute in the United States.

It ensures:

  • the federal government cannot weaponize treason laws
  • political opponents are protected
  • dissent is not criminal
  • evidence standards are extremely high
  • collective punishment is forbidden
  • treason remains limited to actual war or aiding actual enemies

This clause reflects the Framers’ fear of abusive government power and stands as one of the strongest constitutional protections for individual liberty.

Article III establishes an independent federal judiciary with the Supreme Court at its head, defines the scope of federal judicial power, protects judicial independence through life tenure, and provides crucial safeguards against government abuse through strict definitions of treason.