A Citizen's Syllabus

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LRTC: 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.

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.

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.


I read this in 2:22.

There are a few interesting things in Article III. First is the term of services for federal judges. The wording in the constitution is, “during good Behaviour.” But it amounts to a lifetime appointment. Alexander Hamilton and James Madison argued extensively in The Federalist for why this ought to be. But modern constitutional experts find too many cases of judges outlasting their effectiveness as they get old and doddering and then die in office. It’s not just Ruth Bader Ginsberg. Scholars who study feeral judges over time find that past about the age of 70, these judges’ decisions get weaker. Modern health care is a fine thing, but it has made the life-time appointment problematic.

Another interesting bit in Article III is that phrase ‘corruption of blood.’ What it means is that a whole family cannot be ruined forever just because one member commits a crime – not even the crime of treason.

And then, finally, let’s notice that nowhere in this article do we find language that empowers the Supreme Court to interpret the meaning of legislation or of the constitution. That power of judicial review is one of the main functions of the court today, and it is something that the court just made up and gave to itself during the court of John Marshall in 1803.