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US Constitution study guide: Difference between revisions
→Article III [Judiciary]
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'''{{#tip-text: Section 2. overview]|}}''' | '''{{#tip-text: Section 2. overview]|}}''' | ||
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, | The '''{{#tip-text:judicial Power shall extend to all Cases|Judicial power or jurisdiction: | ||
* "jurisdiction" = the extent of powers of a court to rule on laws and disputes | |||
* the Constitution limits the Judicial branch jurisdiction to cases "arising under this Constitution" | |||
* = separation of powers between the federal and state governments | |||
* specifically, the Constitution provides Court jurisdiction to: | |||
** "cases" (disputes) regarding federal laws and treaties | |||
** cases regarding overseas parties | |||
** cases in which the federal government is involved | |||
** cases between states | |||
** cases between citizens of one state and another state | |||
** cases between citizens of different states | |||
** cases between U.S. citizens and foreign nations or citizens | |||
* essentially, the jurisdiction of the federal judiciary is set by the sovereignty of the federal government}}''', 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. | In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, '''{{#tip-text:the supreme Court shall have original Jurisdiction|Original Jurisdiction | ||
* = such cases will "originate" in the Supreme Court itself | |||
* and not in lower courts | |||
* these cases are importantly cases or disputes between sovereign parties, viz, other nations and the States}}'''. In all the other Cases before mentioned, the supreme Court shall have '''{{#tip-text:appellate Jurisdiction|Appellate jurisdiction | |||
* = to resolve cases or disputes that have been reviewed by lower courts | |||
* appellate review = the primary role and function of the Supreme Court | |||
* note that the Constitution gives the Supreme Court the power to review both "Law and Fact" | |||
* normally, juries decide facts and judges decide law | |||
* but the Constitution reserves the power to decide facts to the Supreme Court | |||
* subject to rules or laws created by Congress | |||
* = additional checks and balances and separation of powers}}''', 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. | 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. | ||