The Constitution · Article III
Article III: The Judicial Branch
About 25 min total: 5 min reading + 20 min for its 18 practice questions
The Supreme Court and lower federal courts, judges' tenure, federal jurisdiction, jury trials, and treason.
- Signed
- September 17, 1787
- In effect
- Ratified June 21, 1788 (9th state); government began March 4, 1789
What's in Article III
| Section | What it covers |
|---|---|
| § 1 | Judicial power in one Supreme Court and the lower courts Congress creates; judges serve "during good Behaviour." |
| § 2 | Kinds of cases federal courts hear; original vs. appellate jurisdiction; jury trial for federal crimes. |
| § 3 | Treason defined; two witnesses or a confession in open court needed to convict. |
Key clauses
Vesting Clause (§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 Constitution creates only the Supreme Court; Congress creates lower federal courts.
Good behaviour (§1)
"The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour"
Federal judges effectively serve for life and their pay cannot be cut, which protects judicial independence.
Original jurisdiction (§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."
A few kinds of cases start in the Supreme Court; in most others it hears appeals (appellate jurisdiction).
Jury trials (§2)
"The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury"
Federal crimes are tried by jury in the state where they were committed.
Treason (§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."
The only crime defined in the Constitution, narrowly, so treason charges could not be used against political opponents.
Quotations: National Archives transcription of the Constitution (original spelling, such as "chuse" and "Defence").
Why it was written this way
The Articles of Confederation had no national courts, so disputes between states and over national law had no neutral forum. The framers made judges independent with life tenure and protected pay, an idea Alexander Hamilton defended in Federalist No. 78 ("the least dangerous" branch). They defined treason narrowly because English kings had used broad treason charges against critics. Judicial review is not written in Article III; the Court claimed it in Marbury v. Madison (1803).
Key Supreme Court cases
- Marbury v. Madison (1803): Established judicial review
What the FCLE tends to ask
- Judicial review comes from Marbury v. Madison, not the text of the Constitution.
- Original vs. appellate jurisdiction.
- Treason is the only crime defined in the Constitution.
| This | With this |
|---|---|
| Article III creates the Supreme Court | Congress creates the lower federal courts (Judiciary Act of 1789) |
| Judicial review (Marbury) | Not listed in Article III's text |