| Section 1. Federal Courts |
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Judicial power is the right of the courts to decide legal cases. The Constitution creates the Supreme Court but lets Congress decide the size of the Supreme Court. Congress has the power to set up inferior, or lower, courts. The Judiciary Act of 1789 set up district and circuit courts, or courts of appeal. Today, there are 94 district courts and 13 courts of appeal. All federal judges serve for life. | |||
| 1.
Scope of Judicial Power 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; |
Clause 1 Jurisdiction refers to the right of a court to hear a case. Federal courts have jurisdiction over cases that involve the Constitution, federal laws, treaties, foreign ambassadors and diplomats, naval and maritime laws, disagreements between states or between citizens from different states, and disputes between a state or citizen and a foreign state or citizen. |
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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 Original jurisdiction means the power of a court to hear a case where it first arises. The Supreme Court has original jurisdiction over only a few cases, such as those involving foreign diplomats. More often, the Supreme Court acts as an appellate court. An appellate court does not decide guilt. It decides whether the lower court trial was properly conducted and reviews the lower court's decision. | |||
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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 This clause guarantees the right to a jury trial for anyone accused of a federal crime. The only exceptions are impeachment cases. The trial must be held in the state where the crime was committed. | |||
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| Section 3. Treason |
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| 1. Definition
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. |
Clause 1 Treason is clearly defined. An overt act is an actual action. A person cannot be convicted of treason for what he or she thinks. A person can be convicted of treason only if he or she confesses or two witnesses testify to it. | |||
| 2.
Punishment 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 Congress has the power to set the punishment for traitors. Congress may not punish the children of convicted traitors by taking away their civil rights or property. | |||
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