Article III
The Judicial Branch
Full Text
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 Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2
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.
Section 3
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.
History and Context
The Articles of Confederation lacked a national court system, meaning laws were interpreted and applied inconsistently by the states, if at all. The framers of the Constitution knew this was a fatal flaw. Article III established a federal judiciary to ensure that the laws of the nation were applied uniformly. Yet, it is the shortest and most vague of the three main articles. It creates only one court—the Supreme Court—and leaves the creation of all 'inferior' courts to Congress. The true power of the judiciary, including the monumental power of 'judicial review' (the ability to declare laws unconstitutional), was not explicitly written here but would be forged later in the fires of political battle by the great Chief Justice John Marshall.