
Article III of the United States Constitution establishes the judicial branch of the federal government, outlining the core principles of the courts, the types of cases they can hear, and the role of judges. Article III details the judicial power of the United States, which is vested in one Supreme Court and inferior courts established by Congress. It empowers the courts to handle cases arising under federal law and other areas, including treason, and ensures the independence of the judiciary from political branches of government. The Supreme Court, composed of nine justices, has the final say on interpreting the Constitution and federal laws, with its decisions binding on all other US courts.
| Characteristics | Values |
|---|---|
| Judicial Power | Extended to all cases in law and equity, arising under the Constitution, laws of the United States, and treaties made |
| Cases Affecting | Ambassadors, other public ministers, and consuls |
| Cases Involving | Admiralty and maritime jurisdiction |
| Controversies | Where the United States is a party, or between citizens of different states |
| Treason | Defined as levying war against the United States or aiding their enemies |
| Requires testimony of two witnesses to the same overt act, or a confession in open court | |
| Limits Congress's power to punish those convicted of treason | |
| Judicial Branch | Established, with the Supreme Court at its head |
| Federal judges appointed for life, without term limits, and with salaries that cannot be decreased |
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What You'll Learn

Judicial power and jurisdiction
Article Three of the United States Constitution establishes the judicial branch of the federal government. It consists of the Supreme Court of the United States and lower courts created by Congress. The judicial power of the United States is vested in one Supreme Court and such inferior courts as Congress may establish from time to time.
The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction, both as to law and fact, with certain exceptions and under such regulations as Congress may make. The judicial power extends to all cases in law and equity arising under the Constitution, laws of the United States, and treaties made under their authority. It also includes cases affecting ambassadors and other public ministers and consuls, cases of admiralty and maritime jurisdiction, controversies to which the United States is a party, controversies between two or more states, between a state and citizens of another state, between citizens of different states, and between citizens of the same state claiming lands under grants of different states.
The judicial power also extends to cases between a state or its citizens and foreign states, citizens, or subjects. The trial of all crimes, except impeachment, shall be by jury, and the trial shall be held in the state where the crimes were committed. If the crimes were not committed within any state, the trial shall be held at such place or places as directed by Congress. Federal courts are authorised to hear only actual cases and controversies, and their judicial power does not extend to hypothetical cases or those proscribed due to standing, mootness, or ripeness issues.
Article Three also authorises the creation of inferior courts but does not require it. The first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Inferior courts are also known as "constitutional courts" and are the only courts with judicial power.
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Treason
Article III, Section 3 of the United States Constitution contains the Treason Clause, which defines treason and outlines the requirements for conviction and punishment.
To be convicted of treason, the testimony of two witnesses to the same overt act or a confession by the accused in open court is required. This rule, derived from the English Treason Act of 1695, ensures that the parameters of treason are clear and unambiguous.
The Congress has the power to declare the punishment for treason, but the attainder of treason shall not work corruption of blood or forfeiture beyond the life of the person attainted. This means that while treason is a serious offence, the punishment ends with the death of the traitor and does not extend to their heirs, as it did under British law.
The inclusion of the Treason Clause in Article III was intentional, as the founders wanted the power to be checked by the judiciary, preventing trials by military commissions. By placing treason in Article III, the founders limited the power of the federal government to punish citizens for adhering to the enemies of the United States and giving them aid and comfort.
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Federal judges
Article III of the US Constitution establishes the judicial branch, providing for a Supreme Court and allowing Congress to create inferior courts as needed. Federal judges are appointed by the president with the advice and consent of the Senate, and they hold office during "good behaviour". This effectively means they serve a life term, as the Constitution does not state a time limit. Federal judges receive compensation for their services, which cannot be decreased during their continuance in office. This safeguard protects judges from being manipulated through salary changes.
The Vesting Clause of Article III establishes the separation of powers among the three branches of government. The judicial power of the United States is vested in one Supreme Court and such inferior courts as Congress may establish. The Supreme Court interprets the law of the United States, and its authority was established in the landmark case of Marbury v. Madison in 1803, which affirmed the principle of judicial review.
Article III delineates federal judicial power and the types of cases that federal courts will hear. These include cases arising under the US Constitution, laws of the United States, and treaties made under their authority. Federal courts also hear controversies to which the United States is a party, controversies between citizens of different states, and cases of admiralty and maritime jurisdiction.
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Supreme Court
Article III of the U.S. Constitution establishes the judicial branch of the federal government. It outlines the creation of the Supreme Court and gives the Senate and House of Representatives the power to establish lower courts, or "inferior courts", as needed.
The Supreme Court's role was initially limited, but its influence grew significantly with landmark cases like Marbury v. Madison in 1803, which established the principle of judicial review. This process allows the Supreme Court to assert its authority and declare acts of Congress unconstitutional if they violate the principles and provisions of the Constitution.
The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction, with exceptions and regulations set by Congress.
Judges of the Supreme Court hold their offices during "good behaviour" and receive compensation for their services, which cannot be diminished during their continuance in office. This provision grants the judges independence from external influences, allowing them to make decisions based on what is right under the law without political or personal consequences.
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Separation of powers
The United States Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. Each branch has distinct powers and responsibilities, and no single branch holds all political power or has absolute power over the others. This system of separation of powers is designed to prevent tyranny and protect the rights and liberties of citizens.
The legislative branch is responsible for making laws. In the United States, this power is vested in Congress, which consists of the Senate and the House of Representatives. Any bill passed by the House and Senate must be presented to the President for signature or veto before it can become law. This process, known as bicameralism and presentment, ensures that the legislative power is exercised in a careful and considered manner.
The executive branch enforces the laws made by the legislative branch. In the United States, the executive power is vested in the President, who is also the Commander-in-Chief of the military and has the power to make treaties and appointments with the consent of the Senate. The President also has the responsibility to ensure the faithful execution of the laws, although the actual enforcement may be carried out by subordinate officers.
The judicial branch interprets the laws and ensures that they are applied fairly and consistently. The Supreme Court, as the highest court in the land, has the power to review the constitutionality of laws and strike down those that it deems unconstitutional. However, the power of judicial review is not limited to the Supreme Court, and even inferior courts can determine constitutionality within their respective jurisdictions.
The separation of powers doctrine allows each branch of government to operate independently and efficiently while also providing a system of checks and balances. This means that each branch has the authority to hold the other branches accountable and prevent them from exceeding their powers. For example, Congress may restrict the President's appointments through impeachment, and the judiciary can raise concerns if the legislative or executive branches encroach on their sphere.
The Framers of the Constitution designed this system based on their experience with the British monarchy. They believed that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. By separating the powers, they aimed to create an effective and balanced government that would protect the rights and liberties of the people.
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Frequently asked questions
Article III of the United States Constitution establishes the judicial branch of the federal government.
Article III states that the judicial power of the United States shall be vested in one supreme court and inferior courts as constituted by the legislature of the United States. It also outlines the types of cases federal courts can hear and the role of judges.
Federal courts can hear cases to which the United States is a party, cases that involve foreign ambassadors, cases involving laws and treaties of the United States, cases between citizens of different states, cases in which citizens sue the government of another state, and cases that involve violations of federal law or the Constitution.
Article III states that federal judges are appointed by the President and confirmed by the Senate. They hold their office for life and their compensation cannot be reduced during their time in office.

























