Article III Unit V Article III Section 1. – The Judicial Power of the United States,shall be vested in one supreme Court, and in such inferior courts.

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Presentation transcript:

Article III Unit V

Article III 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 Constitution creates only the Supreme Court of the United States. It gives the Congress the power to establish other lower, federal courts.

Article III The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Comprehension, which shall not be diminished during their Continuance in Office. “…during good Behavior” a.k.a. life

Article III Section 2. – 1. 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; etc.

Article III Section 2 Clause 1. Decides what cases are to be heard. Establishes jurisdiction of the federal courts and the types of cases to be heard and decide---have jurisdiction over---a case

Article III 2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all 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.

Article III Section 2 Clause 2. Determines jurisdiction of cases in the first instance, not on appeal from a lower court. Appellate and original jurisdiction However, almost all the cases it hears are brought on appeal.

Article III 3. 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 Places or Places as Congress may by Law have directed.

Article III Section 2 Clause 3. A person accused of a federal crime is guaranteed the right to trial by jury in a federal court in the State where the crime was committed; 5th, 6th, and 14th Amendments

Article III 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.

Article III Section 3 Clause 1. Treason is the only crime defined in the Constitution. Treason can be committed only in time of war and only by a citizen or a resident alien.

Article III Section 3 Clause 2. The Congress shall have the 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. Simplified---Minimum of five years in prison and/or $10,000 fine to a maximum of death

Article III Unit V