Article III — The Judicial Branch

Verbatim

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.

Plain English

Section 1 — The federal courts

Federal judicial power belongs to one Supreme Court and to lower federal courts that Congress establishes. Federal judges, both Supreme Court and lower court, hold their offices during good behavior (effectively, for life) and receive a salary that cannot be reduced during their service.

Section 2 — Federal court jurisdiction

Federal judicial power extends to:

• All cases arising under the Constitution, federal laws, and treaties
• All cases affecting ambassadors, other public ministers, and consuls
• All cases of admiralty and maritime jurisdiction
• Controversies in which the United States is a party
• Controversies between two or more states
• Controversies between a state and citizens of another state (Note: This was modified by the Eleventh Amendment, which limited federal court jurisdiction over lawsuits against states by out-of-state citizens.)
• Controversies between citizens of different states
• Controversies between citizens of the same state claiming land under grants from different states
• Controversies between a state, or its citizens, and foreign states, citizens, or subjects

In cases affecting ambassadors, other public ministers and consuls, and cases in which a state is a party, the Supreme Court has original jurisdiction — the case starts at the Supreme Court. In all other cases, the Supreme Court has appellate jurisdiction — cases come to it on appeal from lower courts. Congress can make exceptions and regulations for the Supreme Court's appellate jurisdiction.

The trial of all crimes (except impeachment cases) must be by jury, in the state where the crime was committed. If the crime was not committed in any state, Congress determines where the trial is held.

Section 3 — Treason

Treason against the United States consists only in levying war against the United States or in adhering to their enemies, giving them aid and comfort. No person can be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court.

Congress has the power to declare the punishment for treason, but no attainder of treason can result in corruption of blood (preventing the convicted person's heirs from inheriting) or in forfeiture of property beyond the life of the convicted person.

About

Article III creates the federal judicial branch. It is the shortest of the three branch articles, reflecting both the founders' relative inattention to the judiciary and a deliberate choice to leave many details to Congress. Most of the structure of the federal court system — the number of Supreme Court justices, the existence of district courts and circuit courts of appeals, and most procedural rules — comes from federal legislation, not from the Constitution itself.

The Supreme Court's most consequential power, judicial review (the power to declare laws unconstitutional), is not explicitly stated in Article III. The Court asserted this power in Marbury v. Madison (1803), and it has been accepted as constitutional doctrine ever since. The textual basis is generally found in the combination of Article III's grant of judicial power "in all Cases, in Law and Equity, arising under this Constitution" and Article VI's Supremacy Clause.

The "good behavior" tenure for federal judges effectively gives them lifetime appointments. Judges can be removed only through impeachment, which has been used 15 times for federal judges in U.S. history. The salary protection ("which shall not be diminished during their Continuance in Office") prevents Congress from punishing judges by cutting their pay.

The Treason Clause is unusually specific about what counts as treason and what evidence is required to convict. The founders deliberately wrote this clause narrowly because of the historical use of treason charges by the British Crown to suppress political opposition. The clause's two-witness requirement and narrow definition of treason have been read strictly by courts; treason convictions are extremely rare in U.S. history.

"Corruption of blood" was an English legal doctrine under which a person convicted of treason lost the ability to pass property to heirs. The Constitution explicitly forbids this, ensuring that punishment for treason ends with the convicted person.