0
- Article III vests the judicial power of the United States in the Supreme Court and inferior courts established by Congress.
- The justices receive lifetime commissions, unless they commit an impeachable offense.
- The judicial power extends to all cases concerning the Constitution, federal law and US treaties
- The Constitution specifically empowers the court to hear:
- cases affecting ambassadors and other public ministers and consuls
- all cases of admiralty and maritime jurisdiction
- all controversies in which the US is a party
- all controversies between two or more states
- disputes between a state and citizens of another state*
- cases involving citizens of different states (diversity jurisdiction)
- cases between citizens of the same state claiming lands under grants of different states
- controversies between a state, or the citizens thereof, and foreign states, citizens or subjects
- The Constitution explicitly grants the Supreme Court original (but not exclusive) jurisdiction over:
- cases affecting ambassadors, other public ministers and consuls, and (currently heard by US District Courts)
- those in which a state shall be party (currently heard exclusively by US Supreme Court)
- The Constitution gave the Supreme Court final appellate jurisdiction over all other types of cases listed (but allowed Congress authority to make exceptions).
* The Eleventh Amendment revoked the Judicial Branch's authority to consider "disputes between a state and citizens of another state" in 1795, after the Supreme Court declared the States lacked sovereign immunity from being sued for war debt, in Chisholm v. Georgia, 2 U.S. 419 (1793).
Article III
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.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoThe Constitution give the Executive branch the power to sign or veto a law. Gives the Legislative branch the power to make the laws. And gives the Judicial branch the power to make sure the laws are followed, reviews the laws.
Add your answer:
Earn +20 pts
Does the US Constitution give the Executive Branch the most power of all three branches of government?
No, the US Constitution has a system of checks and balances that give the legislative branch, the executive branch and the judicial branch equal powers. Example: The legislative branch can pass a law, but the executive branch can veto it, while the legislative branch can veto that veto with a 2/3 vote, causing the law to be passed. After the law is passed, the judicial branch can deem the law unconstitutional, and the law is nullified.
Does the elastic clause give extended power to the judicial branch of government?
The Elastic Clause significantly empowers the legislative branch, rather than the judicial branch. The clause is found in Article One of the U.S. Constitution.
What power does the judicial branch give?
judicial
How could you explain the purpose of the judicial branch to children?
The purpose of the judicial branch is to stop unconstitutional laws passed by the Legislative branch from enforcement by the Executive branch. An unconstitutional law is any law that the Constitution did not give the Congress the power to enact legislation about.
How much power should be given to the judicial branch?
The Framers believed that separation of powers and checks and balances were essential to protect the rights of the people. They had to decide which powers to give to each of the branches of the national government, and how to give each branch ways to check the powers of the other branches. Today we will learn about the problems the Framers had in deciding how much power to give to the executive and judicial branches. We will also learn how they provided ways these branches could check the power of the legislative branch. Finally we will learn about the special system they established for the election of the President.
What judicial powers does the Constitution give to Congress?
The Constitution gives Congress the judicial powers to create all of the federal courts below the Supreme Court and to structure the federal judiciary. Congress also has the power to define federal crimes and set punishment for violators of federal law.
What power does article 3 give to the third branch of government?
The Judicial Branch was established by Article III, and gave the branch the authority to decide cases and controversies. Strangely enough, the greatest power that is exercised by the courts, judicial review, the power to declare laws unconstitutional, is not explicitly granted by the Constitution.
List and describe the principles in the constitution give an example of each?
The Six Principles of the Constitution/Government found in the Constitution of the United States are---Popular Sovereignty; Checks and Balances; Federalism; Limited Power of the Government; Separation of Branches; Judicial Review.Popular Sovereignty means the ultimate power rests with the people. Checks and Balances means that no one branch of the government can overpower the other branches of government. Each has a check on the power of the other branches. Federalism is the dividing and sharing of power between state and national governments. Limited power means that the government is restricted by the laws and the Constitution and it has to operate within the framework of the laws and Constitution. Separation of Branches divides the government into the Legislative, Executive, and Judicial Branch, each with its own powers and duties. Judicial Review gives the Judicial Branch the right to declare laws unconstitutional.
What power does judicial review give to the judicial branch?
no the power of judicial review is not mentioned in the constitution. because Judicial Review was used in 13th century law but the courts didn't agree with it so it was forgotten. until the case of Marbury v. Madison that is when Judicial Review came back to the power of the Supreme Court.
Why is judicial review one of the most important powers of he judicial branch?
Judicial Review is an important part of checks and balances it keeps unconstitutional laws from being passed that would give parts of the government too much power or violate the constitutional rights of the people.
What powers to the constitution give to the states only?
reserved powers
What powers does Constitution explicitly give to the Federal government?
The powers the Constitution explicitly gave to the federal government are known as delegated powers.
