Article III – The Judicial Branch

This Article establishes the judicial branch of the federal government.

 

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.

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, between Citizens of different States; —between Citizens of the same State claiming Lands under Grants of different States,

There are changes to this clause through the 11th Amendment which will be discussed later.

[2] 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.

[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.

The area of the judicial has been an area of much discussion throughout our Country's history, especially in the last few decades. During this time there have been many, many violations of the Constitution by the judicial branch.

The federal judicial is limited in it's jurisdiction and powers just as the other branches are limited in their respective powers.

In reading the above clauses, it is evident what those limitation are, the Founders used their usual plain language.

The Judicial Branch has power in the following areas as stated above:

a) Arising under the Constitution, or the Laws of the United States, or Treaties made under the Authority of the United States;

b) Affecting Ambassadors, other public Ministers & Consuls; cases of admiralty and maritime Jurisdiction; or cases in which the U.S. is a Party;

c) Between two or more States; between a State & Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States; or between a State (or Citizens thereof) and foreign States, Citizens or Subjects.

I list them again to clarify that these are the ONLY areas granted by the Constitution to the Judicial Branch. Remember the Constitution is a document of limitation of the federal government.

Hamilton writes in Federalist 83:

…the judicial authority of the federal judicatures is declared by the Constitution to comprehend certain cases particularly specified. The expression of those cases marks the precise limits beyond which the federal courts cannot extend their jurisdiction, because the objects of their cognizance being enumerated, the specification would be nugatory if it did not exclude all ideas of more extensive authority.

Let's take an old issue that is still very alive today, abortion. Do the States have the right to outlaw abortion? According to the Constitution, yes. There is nothing forbidding the States from doing that and there is nothing in the list above that makes it the jurisdiction of the federal courts to do anything about it. It is NOT in the federal list of enumerated powers so it is therefore forbidden.

Remember also, that nothing in the Constitution grants “rights”. The Founding Documents only reinforce our already existing rights. There is no established “right” to abortion.

What has happened is that the judicial has actually made up “constitutional rights” that exist no where in the actual Constitution. So rather than following the word of the law, the Constitution, they take power they have not been given to “interpret” the Constitution as they see fit and as matches what they want it to mean.

By doing that they make the law, the Constitution, invalid. It is no longer the law of the land since it is not being followed by the ones it directly limits, the judicial branch. How can the judicial branch be valid if it directly breaks the established law of the land, The Constitution? Remember, the list of powers above? That is the ONLY areas they are allowed to rule on. Abortion is NOT included in that list. Like it or not, it's the law.

However, just because it is not included in the Constitution does not mean you could not allow it if you live in a State that decides to do so. Remember, the Constitution is meant to limit the powers of the federal government, not the States. So if you want to be able to do something that might be questionable to some, the State you live in might be willing to pass a law that legalizes it. The federal government has nothing to do with it.

Let's see how dangerous it is for the federal courts to rule as they do with disregard for the Constitution.

They use the 14th Amendment, which we will discuss in depth later, as their basis for making the rulings they want to make. This Amendment does not apply to “giving rights” as the judicial says they are doing. Remember, the government does NOT grant rights, we have already settled that. If they do, they can then take them away as they feel the need. It is then not a right but a privilege.

As we have already seen, the Constitution does not apply to We the People, it applies to our creation, the federal government. Why would things all of a sudden change and now apply to us? It doesn't make sense or follow the established pattern.

If the judicial is able to grant rights, what if it decided to grant the right of rape? If the logic used by the current and recent judicial is to be believed, if that made it to the supreme court and they ruled it Constitutional we would have no recourse to do away with that “right”.

See how dangerous it is to give full power to ANY branch of the federal government!

NO branch of the federal government can grant rights. PERIOD! That is NOT an enumerated power of ANY branch.

When the judicial branch make rulings that redefine terms in the Constitution, they are in essence amending the Consideration which they have no power to do, yet we have allowed them to do just that.

Why would We the People, the creator of the Constitution and federal government, allow the creature the power to determine what our rights are? It's not logical.

This an instance where the Founders would intend the impeachment clause to be used to it's fullest extent to remove the usurpers of the Constitution.

We will see more on this later as we discuss more in depth the Amendments, particularly the 10th Amendment pertaining to State sovereignty.

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.

[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.