Article Three of the United States Constitution
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| Article Three of the United States Constitution | |
|---|---|
| Article | Article III |
| Caption | The original engrossed copy of the U.S. Constitution. |
| Jurisdiction | United States |
| Created | September 17, 1787 |
| Ratified | June 21, 1788 |
| Author(s) | Constitutional Convention |
| Signers | George Washington and delegates from twelve states |
| Purpose | To establish the judicial branch of the federal government |
Article Three of the United States Constitution establishes the judicial branch of the federal government. It vests the judicial power of the United States in one Supreme Court and in any lower courts Congress may establish, and it guarantees a right to trial by jury in all criminal cases. The article also defines the crime of Treason against the United States and outlines the basic structure and jurisdiction of the federal judiciary, a framework that has been elaborated upon by acts of Congress and key decisions of the Supreme Court itself, such as Marbury v. Madison.
Text of Article Three
The text of the article is concise, comprising only three sections. It begins by vesting judicial power and establishing the Supreme Court. It proceeds to outline the scope of federal judicial power, the types of cases and controversies federal courts may hear, and the guarantee of trial by jury. The final section provides the only constitutionally defined crime, stating, "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." The full text is a foundational document studied in cases like McCulloch v. Maryland and Cohens v. Virginia.
Judicial power and federal courts
The judicial power described refers to the authority to interpret and apply the law in the resolution of disputes. This power extends to all cases arising under the Constitution, the laws of the United States, and treaties made under their authority. It also covers cases affecting ambassadors, admiralty and maritime issues, and controversies where the United States is a party or between states and citizens of different states. The structure was further defined by the Judiciary Act of 1789, championed by Oliver Ellsworth.
Section 1: Establishment of the judiciary
This section vests the judicial power in one Supreme Court and in "such inferior Courts as the Congress may from time to time ordain and establish." It guarantees that judges, once appointed, shall hold their offices during "good Behaviour" and that their compensation shall not be diminished during their tenure. This provision for life tenure and salary protection, championed by figures like Alexander Hamilton in The Federalist Papers, was designed to ensure an independent judiciary, free from political pressure from the President or Congress.
Section 2: Judicial power, jurisdiction, and trial by jury
This lengthy section details the reach of federal judicial power, including cases arising under the Constitution, federal laws, and treaties. It grants the Supreme Court original jurisdiction over cases affecting ambassadors and those in which a state is a party, and appellate jurisdiction in all other cases. Critically, it guarantees a trial by jury for all crimes, except in impeachment cases, and that trials shall be held in the state where the crime was committed. Landmark cases testing this jurisdiction include Marbury v. Madison and Martin v. Hunter's Lessee.
Section 3: Treason
This section provides a narrow, precise definition of Treason to prevent its misuse for political persecution, a concern informed by English history under the Tudor dynasty. It defines treason solely as levying war against the United States or adhering to their enemies, giving them "Aid and Comfort." It further requires testimony from two witnesses to the same overt act or a confession in open court for a conviction. Congress is granted the power to declare the punishment, but no corruption of blood or forfeiture beyond the life of the person convicted is permitted. This clause was invoked in cases like Ex parte Bollman and the trial of Aaron Burr.
Interpretation and judicial review
While the article establishes the judiciary, it does not explicitly grant it the power of judicial review—the authority to declare acts of Congress or the President unconstitutional. This power was established by the Supreme Court itself in the seminal 1803 case Marbury v. Madison, authored by Chief Justice John Marshall. Subsequent decisions, such as Fletcher v. Peck, McCulloch v. Maryland, and Cooper v. Aaron, have further defined the scope of federal judicial power and its role as a co-equal branch of government within the framework of the Constitution of the United States.