Skip to Main Content

Primary Source: U.S. Constitution, Article III

The text of Article III of the U.S. Constitution and corresponding comprehension questions.

Primary Source: Article III of the Constitution 

  • I can explain the structure and function of the federal judiciary as outlined in Article III of the Constitution.
  • I can analyze the relationship between the federal judiciary and the other branches of government, including the system of checks and balances.
  • I can identify key principles of the American legal system as established in Article III of the Constitution.

Background 

Having been established by England, the American colonies inherited the English legal tradition. The colonists proceeded to establish local courts to resolve disputes, maintain justice, protect the right to trial by jury, and preserve the rule of law, all of which was part of English law. But their first attempt at creating a national government, the Articles of Confederation, lacked a national judiciary. The Framers of the Constitution created an independent national judiciary and outlined its powers and jurisdiction. The Framers also gave Congress powers to create the federal court system and to regulate the courts, such as by establishing the number of justices on the Supreme Court. The courts had the judicial power to interpret the law and apply it to cases. As Alexander Hamilton wrote in Federalist #78, the judiciary “may truly be said to have neither FORCE nor WILL, but merely judgment.”

Caption: The Constitution

Document Text

Annotations

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.

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.

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.

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.

Comprehension and Analysis Questions 

  1. Why is it important to have an independent judicial branch of government at the federal level?
  2. Why does Congress have power over the federal court system?
  3. What areas of jurisdiction does the Supreme Court have, and why?
  4. What are some basic rights protected by Article III?