⚖️

Article III

The Judicial Branch

Article III establishes the federal judiciary, including the Supreme Court and lower federal courts, defines the scope of judicial power, guarantees judicial independence, and sets rules for treason prosecutions.

Overview

Article III creates the federal judiciary as the third co-equal branch of government. It establishes the Supreme Court, authorizes Congress to create lower federal courts, protects judicial independence through lifetime tenure and salary protection, defines federal court jurisdiction, and establishes constitutional protections for treason trials.

Each section below uses the TICRI Constitutional Breakdown methodology to provide:

📜 Exact Constitutional Text
💭 Plain English Translation
⚡ Government Powers Created
🚫 Government Restrictions
❌ What It Does NOT Say
⚖️ Supreme Court Interpretations

Jump to Section:

§ 1 — Federal Courts & Judicial Independence § 2 — Judicial Power & Jurisdiction § 3 — Treason

Section 1 — Federal Courts & Judicial Independence

📜 Exact Text

"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."

💭 Plain English

Federal judicial power belongs to the Supreme Court and whatever lower federal courts Congress chooses to create. Federal judges serve for life (during "good behavior") and their salaries cannot be reduced while they serve. These protections ensure judicial independence from political pressure.

⚡ Government Powers Created

🏛️ Establishment of Federal Courts

Supreme Court — Constitution directly creates Supreme Court
Inferior Courts — Congress authorized to create lower federal courts
Congress has discretion over structure and number of lower courts
Congress created: District Courts, Circuit Courts of Appeals, specialized courts

🛡️ Judicial Independence Protections

Lifetime Tenure — Judges serve "during good Behaviour" (life appointment)
Salary Protection — Compensation cannot be diminished during service
Can only be removed through impeachment
Insulates judges from political pressure and retaliation
Ensures independence from executive and legislative branches

⚖️ Judicial Power

Power to decide cases and controversies
Power of judicial review (interpret Constitution and laws)
Final authority on constitutional meaning
Apply law to specific disputes between parties

🚫 Government Restrictions

Cannot Reduce Judicial Salaries — Protects against financial intimidation
Cannot Remove Judges Except by Impeachment — Life tenure protects independence
Congress Must Create Lower Courts — Constitution only creates Supreme Court; Congress must establish others
Judges Cannot Hold Other Offices — Incompatibility Clause (Article I, Section 6)

❌ What It Does NOT Say

Does NOT specify number of Supreme Court justices (currently 9 by statute)
Does NOT explicitly grant "judicial review" power (established in Marbury v. Madison)
Does NOT require lower federal courts (Congress could theoretically abolish them)
Does NOT define "good Behaviour" (judges rarely impeached)
Does NOT prevent salary increases (only prohibits decreases)
Does NOT allow mandatory retirement age

⚖️ Key Supreme Court Cases

Marbury v. Madison (1803) — Established judicial review; courts can declare laws unconstitutional
United States v. Will (1980) — Salary protection prevents reducing judges' real compensation
Evans v. Gore (1920) — Cannot apply new taxes to sitting judges if it reduces their compensation
Northern Pipeline Construction Co. v. Marathon Pipe Line Co. (1982) — Limits on non-Article III courts handling core judicial functions

Why Judicial Independence Matters

Lifetime tenure and salary protection ensure judges can rule based on law and Constitution without fear of political retaliation. This independence is essential for protecting minority rights, checking majority tyranny, and maintaining rule of law. Judges need not fear losing their jobs or pay for unpopular but legally correct decisions.

Section 2 — Judicial Power & Jurisdiction

📜 Exact Text (Excerpts)

"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."

💭 Plain English

Federal courts can hear cases involving the Constitution, federal laws, treaties, ambassadors, maritime law, the United States as a party, disputes between states, and diversity cases (citizens of different states). The Supreme Court has original jurisdiction in cases involving states or ambassadors; all other cases come on appeal. Criminal trials must be by jury in the state where the crime occurred.

⚡ Federal Court Jurisdiction

📋 Subject Matter Jurisdiction (Type of Case)

Federal Question — Cases arising under Constitution, federal laws, or treaties
Admiralty/Maritime — Cases involving ships, shipping, and navigable waters
Ambassadors & Diplomats — Cases affecting foreign diplomats

👥 Party-Based Jurisdiction (Who's Involved)

United States as Party — Federal government is plaintiff or defendant
State vs. State — Disputes between states
Diversity Jurisdiction — Citizens of different states (modified by 11th Amendment)
State vs. Citizens of Another State — Limited by 11th Amendment
Foreign Nations/Citizens — Involving foreign governments or citizens

🏛️ Supreme Court Jurisdiction

Original Jurisdiction — Cases involving states or ambassadors (Supreme Court is trial court)
Appellate Jurisdiction — All other cases come on appeal from lower courts
Congress can make "exceptions and regulations" to appellate jurisdiction
Most cases reach Supreme Court by certiorari (discretionary review)

⚖️ Trial Rights

Jury Trial Guaranteed — For all federal crimes (except impeachment)
Venue — Trial must be in state where crime committed
Protects against arbitrary venue selection
Reinforced by 6th Amendment (jury from state and district where crime committed)

🚫 Limits on Federal Jurisdiction

Case or Controversy Requirement — Courts cannot issue advisory opinions
Standing Required — Plaintiff must have actual injury; no abstract disputes
Ripeness — Case must be ready for adjudication (not too early)
Mootness — Case must present live controversy (not already resolved)
Political Question Doctrine — Courts avoid purely political questions
11th Amendment — States cannot be sued by citizens of other states without consent
Sovereign Immunity — Cannot sue federal government without its consent

❌ What It Does NOT Say

Does NOT grant federal courts general jurisdiction over all disputes
Does NOT eliminate state courts (most cases still heard in state court)
Does NOT define "arising under" federal law precisely
Does NOT specify how many justices on Supreme Court
Does NOT explicitly create "judicial review" (established by precedent)
Does NOT guarantee Supreme Court review of every case

⚖️ Key Supreme Court Cases

Marbury v. Madison (1803) — Established judicial review and limits on Supreme Court original jurisdiction
Martin v. Hunter's Lessee (1816) — Supreme Court can review state court decisions on federal questions
Cohens v. Virginia (1821) — Supreme Court has jurisdiction over state criminal cases involving federal issues
Ex parte McCardle (1869) — Congress can limit Supreme Court appellate jurisdiction
Lujan v. Defenders of Wildlife (1992) — Standing requires concrete injury, causation, and redressability
Baker v. Carr (1962) — Political question doctrine defined; some issues are justiciable
Alden v. Maine (1999) — State sovereign immunity extends to state courts

The Case or Controversy Requirement

Federal courts can only decide actual disputes between adverse parties with concrete stakes. This means:

No advisory opinions — Can't just ask court's view on hypothetical question
Standing required — Plaintiff must have suffered actual injury
Ripeness — Dispute must be ready for decision (threat must be real and imminent)
Not moot — Must still be a live controversy when court decides

This ensures courts resolve real disputes, not abstract legal questions, maintaining separation of powers.

11th Amendment: Modified Section 2 to prevent states from being sued by citizens of other states or foreign nations without their consent. States retain sovereign immunity from most federal lawsuits.

Section 3 — Treason

📜 Exact Text

"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."

💭 Plain English

Treason is narrowly defined as either waging war against the United States or giving aid and comfort to its enemies. To convict someone of treason requires either two witnesses to the same overt act or a confession in open court. Congress sets the punishment, but treason convictions cannot result in "corruption of blood" (punishing the traitor's family) or forfeiture of property beyond the convicted person's lifetime.

⚡ What Constitutes Treason

⚔️ Two Acts That Constitute Treason

Levying War — Actually engaging in war against the United States
Adhering to Enemies — Giving aid and comfort to enemies of the United States
ONLY these two acts — Constitution says treason "shall consist only" of these
Prevents expansive definition that could target political dissent

🔍 High Burden of Proof

Two Witnesses Required — Two witnesses must testify to the same overt act
OR Confession in Open Court — Defendant must confess publicly in court
Protects against false accusations and show trials
Highest evidentiary standard in Constitution

⚖️ Punishment Limits

Congress Sets Punishment — Including death penalty (if authorized by statute)
No Corruption of Blood — Cannot punish traitor's family or descendants
No Perpetual Forfeiture — Property forfeiture limited to convicted person's life
Prevents collective punishment and generational penalties

🚫 What Is NOT Treason

Political Dissent — Criticizing government is NOT treason (protected by 1st Amendment)
Speech Alone — Words without overt acts generally not treason
Espionage — Spying is a separate crime, not necessarily treason
Sedition — Advocating government overthrow is separate offense (and constitutionally limited)
Conspiracy — Planning alone without overt act insufficient

❌ What It Does NOT Say

Does NOT define "enemies" precisely (courts have interpreted this)
Does NOT specify punishment (Congress determines penalty)
Does NOT prevent other national security crimes (espionage, sedition statutes exist)
Does NOT require declaration of war to have "enemies"

⚖️ Key Supreme Court Cases

Ex parte Bollman (1807) — Treason requires actual assemblage of force to levy war
Cramer v. United States (1945) — Two witnesses must testify to same overt act; high burden of proof required
Haupt v. United States (1947) — Aid to enemy must be concrete and specific, not merely sympathetic
Kawakita v. United States (1952) — U.S. citizen can commit treason even while abroad

📊 Treason Prosecutions in U.S. History

Very Rare — Fewer than 40 federal treason prosecutions in U.S. history
Burr Trial (1807) — Aaron Burr acquitted; established narrow interpretation
Civil War Era — Few Confederate leaders prosecuted (mostly pardoned)
World War II — Several prosecutions for aiding Axis powers
Post-9/11 — No treason prosecutions; terrorism charges used instead
High constitutional bar makes treason charges unusual

Why Such a Narrow Definition?

The Framers intentionally defined treason narrowly and set a high burden of proof because in England, treason was broadly defined and used to silence political opponents. The Constitution's narrow definition protects:

Political dissent — Can't charge opponents with treason for disagreement
Free speech — Words alone generally insufficient for treason
Fair trials — Two-witness requirement prevents false accusations
Individual accountability — No punishing families for one person's acts

This reflects the Founders' experience with arbitrary accusations of treason by the British Crown.

Modern Approach: Because treason's constitutional definition is so narrow and requires such high proof, federal prosecutors typically charge national security violations under other statutes like espionage (18 U.S.C. § 793), providing aid to terrorists, or conspiracy. These have lower burdens of proof and avoid constitutional treason requirements.

Article III Summary

Article III establishes an independent federal judiciary with the Supreme Court at its apex and lower courts created by Congress. Judicial independence is protected through lifetime tenure and salary guarantees, ensuring judges can decide cases based on law without political pressure.

Federal courts have jurisdiction over cases involving the Constitution, federal laws, treaties, and certain party-based disputes. The "case or controversy" requirement limits courts to deciding actual disputes with concrete stakes, not abstract legal questions.

The narrow constitutional definition of treason and high burden of proof protect political dissent and free speech, preventing government from silencing opponents by falsely charging them with disloyalty. This reflects the Founders' experience with arbitrary British accusations of treason.