Article III is the shortest of the three branch articles. After Article II sets up the executive, it creates the judicial branch in three sections.
| Section | What it does |
|---|---|
| 1 | "The judicial Power" goes to one supreme Court and the lower courts Congress creates; judges hold office "during good Behaviour" (in practice, for life unless impeached and removed); their pay cannot be cut |
| 2 | Federal courts hear cases and controversies under the Constitution, federal laws and treaties, and cases involving ambassadors, the United States, two states, or citizens of different states; the Supreme Court hears a few kinds first (original jurisdiction) and the rest on appeal; crimes are tried by jury in the state where they happened |
| 3 | Treason is only levying war against the United States or adhering to its enemies, giving them aid and comfort; conviction needs two witnesses to the same overt act or a confession in open court |
Why it works
Why life tenure and protected pay? So judges can rule against the President, Congress or a popular majority without fearing for their jobs. Hamilton called the judiciary "the least dangerous" branch, with "neither FORCE nor WILL, but merely judgment" (Federalist No. 78). Brutus (Essays XI to XV) answered that judges no one could remove or overrule would be independent of the people and would steadily enlarge federal power. Notice what Article III leaves to Congress: how many justices, and what lower courts exist. The Judiciary Act of 1789 set six justices; the number changed several times and has been nine since 1869.
Key idea
Article III creates the Supreme Court, lets Congress create lower courts, gives judges tenure "during good Behaviour" and pay that cannot be cut, defines federal jurisdiction, guarantees jury trials for crimes and defines treason narrowly.
Worked example: Original or appellate?
State A sues State B over water rights in a river they share. Where does the case start?
- Article III gives the Supreme Court original jurisdiction where a state is a party (and in cases involving ambassadors).
- So a suit between two states goes straight to the Supreme Court.
Answer: In the Supreme Court, under its original jurisdiction.
Worked example: Is it treason?
A citizen publishes harsh criticism of a war. Under Article III, is that treason?
- Treason is only levying war against the United States, or adhering to its enemies and giving them aid and comfort.
- Criticism is neither, and the framers wrote the definition narrowly so that treason could not be stretched to cover political opposition.
Answer: No.
Common mistake
Thinking Article III sets the number of justices at nine. It names only "one supreme Court"; Congress sets the size by law. It was six in 1789 and has been nine since 1869. Check: if it is a number about the courts, ask whether Congress or the Constitution set it.