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Article 3 – The Judicial Branch
YOUR CONSTITUTION Article 3 – The Judicial Branch
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Section 1 – The Judicial Branch
Section 1 creates the Supreme Court and gives Congress the power to create other federal courts. Judiciary Act (1789) created the federal court system.
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Section 1 – The Federal Court System
Each state has at least one U.S. District Court. There are 13 U.S. Courts of Appeals where District Court rulings can be challenged.
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Section 1 – Qualifications
Federal judges are appointed for life. They can only be removed by Death Resignation Impeachment These are the only qualifications listed in the Constitution – BUT REMEMBER – they must be approved by the Senate.
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Section 2.1 – Authority of the Federal Courts
Federal courts deal mostly with Laws passed by Congress Treaties Cases involving the Constitution Cases involving ambassadors Cases involving disputes between two states Cases involving disputes between citizens/states and other countries
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Section 2.2 – Jurisdiction
Original jurisdiction = the authority to be the first court to hear a case. Appellate jurisdiction = the authority to hear cases appealed from lower courts. The Supreme Court has original jurisdiction in cases involving foreign diplomats or a state. Most Supreme Court cases involve appeal (review) of a lower court’s decision. This is called judicial review.
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Section 2.3 – Trial By Jury If you are accused of a crime you must be offered a jury trial. Trials must be held in the state where the crime was committed. The only exception is with impeachment cases, which are tried by the Senate.
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Section 3 - Treason Definition – Treason is making war against the United States or helping its enemies. You can only be convicted of treason with the testimony of two people. Congress sets the punishment for treason. Only the traitor can be punished – his/her family cannot.
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