Article Three of the United States Constitution

Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch includes the Supreme Court of the United States along with lower courts established by Congress. The primary role of the judicial branch is to interpret and apply United States law, including the resolution of disputes under the law and, crucially, the power of judicial review. This article is a cornerstone of the American system of checks and balances, ensuring that the judiciary operates independently of the other two branches of government, the executive and the legislative.

Section 1: Federal Courts

Article Three begins by establishing the Supreme Court and authorizes Congress to establish lower federal courts. The judges of these courts are appointed for life, "during good Behaviour," which effectively means they can serve for life unless impeached and removed from office for misconduct. This provision aims to ensure an independent judiciary.

Section 2: Judicial Power and Jurisdiction

Section 2 of Article Three outlines the scope of the judiciary's powers and jurisdiction. It grants the Supreme Court original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and in cases to which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction. This section also establishes the right to a trial by jury in all criminal cases, except in cases of impeachment, and specifies that these trials should be held in the state where the crime was committed.

Section 3: Treason

Article Three also defines treason against the United States as consisting only in levying war against them, or in adhering to their enemies, giving them aid and comfort. It further stipulates that a person can only be convicted of treason if there are two witnesses to the overt act, or on confession in open court. This section also gives Congress the power to declare the punishment for treason, but it prohibits the imposition of "corruption of blood" or forfeiture except during the life of the person convicted.

Judicial Review

Although not explicitly mentioned in Article Three, the principle of judicial review—that the Supreme Court has the power to invalidate laws and executive actions as unconstitutional—has been a central aspect of its authority since the landmark case of Marbury v. Madison in 1803. This case established the judiciary as an equal partner in the American system of checks and balances, capable of overruling both the legislative and executive branches.

Impact and Interpretation

Article Three has been subject to various interpretations over the years, particularly regarding the extent of the judicial power and the balance between federal and state judicial authority. The establishment of judicial review has been a particularly contentious and influential aspect of its legacy, significantly affecting the development of American law and governance.

Amendments and Modifications

While the text of Article Three itself has not been amended, its interpretation and the structure of the federal judiciary have been modified through legislative action and judicial interpretation. The size and composition of the Supreme Court, for instance, have changed several times, and the system of lower federal courts has expanded significantly since the Constitution was ratified.