III

The Judicial Branch

Ratified 1788 · Three sections creating the federal courts

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." Federal judges hold office "during good Behaviour" — effectively for life — and their salary cannot be reduced while in office.

Section 2

  • Extends federal judicial power to cases arising under the Constitution, federal law, and treaties, plus disputes between states or citizens of different states.
  • Defines the Supreme Court's narrow original jurisdiction (cases involving ambassadors or a state) versus its much broader appellate jurisdiction.
  • Guarantees jury trial for crimes, except impeachment.

Section 3 — Treason

Defines treason narrowly and exclusively as "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort" — and requires "the Testimony of two Witnesses to the same overt Act, or on Confession in open Court" to convict.