The Constitution, written in 1787, sets out the basic principles upon which government in the United States was built and operates today.
Note: The black lines indicate portions of the Constitution altered by subsequent amendments to the document.
| United States Constitution | Commentary |
|---|---|
| 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 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 Compensation, which shall not be diminished during their Continuance in Office. |
JUDICIAL DEPARTMENT Section 1. Courts, Terms of Office The judicial power conferred here is the power of federal courts to hear and decide cases, disputes between the government and individuals and between private persons (parties). The Constitution creates only the Supreme Court of the United States; it gives to Congress the power to establish other, lower federal courts (Article I, Section 8, Clause 9) and to fix the size of the Supreme Court. The words "during good behavior" mean, in effect, for life. |
| 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;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— |
Section 2. Jurisdiction Clause 1. Cases to be heard This clause sets out the jurisdiction of the federal courts; that is, it identifies those cases that may be tried in those courts. The federal courts can hear and decide—have jurisdiction over—a case depending on either the subject matter or the parties involved in that case. The jurisdiction of the federal courts in cases involving States was substantially restricted by the 11th Amendment in 1795. |
| 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 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. | Clause 2. Supreme Court jurisdiction Original jurisdiction refers to the power of a court to hear a case in the first instance, not on appeal from a lower court. Appellate jurisdiction refers to a court's power to hear a case on appeal from a lower court, from the court in which the case was originally tried. This clause gives the Supreme Court both original and appellate jurisdiction. However, nearly all of the cases the High Court hears are brought to it on appeal from the lower federal courts and the highest State courts. |
| 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 Place or Places as the Congress may by Law have directed. | Clause 3. Jury trial in criminal cases 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; see the 5th and 6th amendments. The right to trial by jury in serious criminal cases in the State courts is guaranteed by the 6th and 14th amendments. |
| Section 3. 1. 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. |
Section 3. Treason Clause 1. Definition Treason is the only crime defined in the Constitution. The Framers intended the very specific definition here to prevent the loose use of the charge of treason—for example, against persons who criticize the government. Treason can be committed only in time of war and only by a citizen or a resident alien. |
| 2. 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. | Clause 2. Punishment Congress has provided that the punishment that a federal court may impose on a convicted traitor may range from a minimum of five years in prison and/or a $10,000 fine to a maximum of death; no person convicted of treason has ever been executed by the United States. No legal punishment can be imposed on the family or descendants of a convicted traitor. Congress has also made it a crime for any person (in either peace or wartime) to commit espionage or sabotage, to attempt to overthrow the government by force, or to conspire to do any of these things. |