Article III of VII · 1788
Article III: The courts
The courts
The one-line version
Article III creates the Supreme Court and other federal courts, gives judges life terms, guarantees jury trials for crimes, and defines treason narrowly.
The 3 sections
One section at a time. Tap to read.
Phrase by phrase
The judicial Power of the United States, shall be vested in one supreme Court
- There is one Supreme Court for the whole country.
shall hold their Offices during good Behaviour
- Federal judges keep their jobs for life unless they resign or are impeached and removed.
all Cases, in Law and Equity, arising under this Constitution
- Federal courts can hear cases about the Constitution.
the supreme Court shall have original Jurisdiction
- In a few kinds of cases, like those involving a state, the case can start at the Supreme Court.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury
- If you are charged with a federal crime, you have the right to a jury trial.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort
- Treason means only making war on the country or helping its enemies.
on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court
- To convict someone of treason, two witnesses must see the same act, or the person must confess in court.
Picture it
Example. Not legal advice.
A state passes a law, and someone sues, saying it breaks the Constitution. The case starts in a lower federal court. The losing side appeals. If the Supreme Court agrees to hear it, its decision applies across the country.
Myth check
MythThe Constitution says the Supreme Court has nine justices.
FactThe Constitution does not set a number. Federal law does, and it has been nine since 1869.
MythThe Supreme Court can strike down any law it wants, at any time.
FactThe Court can only decide real cases brought to it. It strikes down a law only if it finds the law conflicts with the Constitution.
MythCriticizing the government is treason.
FactTreason means only making war on the United States or helping its enemies. Criticism is not treason.
Common questions
What does Article III say in simple terms?
Article III creates the Supreme Court and lets Congress create lower federal courts. Federal judges serve for life during good behavior. It lists which cases federal courts can hear, guarantees jury trials for federal crimes, and defines treason narrowly.
How many Supreme Court justices are there?
The Constitution does not set a number. Congress sets it by law, and it is currently nine. It has been nine since 1869. Before then, Congress changed the number several times.
What is judicial review?
It is the power of courts to strike down laws that conflict with the Constitution. Article III does not name this power. The Supreme Court claimed it in Marbury v. Madison (1803), and it has been accepted ever since.
How long do Supreme Court justices serve?
For life, in practice. Article III says federal judges hold office during good behavior. They leave by retiring, resigning, dying, or impeachment and removal. Life terms are meant to protect judges from political pressure.
What is treason in the Constitution?
Treason means only making war against the United States or helping its enemies. Article III requires two witnesses to the same act, or a confession in open court. Criticizing the government is not treason.
Go deeper
The scene · 1787
Under the Articles of Confederation, there were almost no national courts. Disputes between states, or over national laws, had no clear place to go. The delegates agreed on one Supreme Court. They left it to Congress to decide whether to create lower courts and how to organize them.
Back then
In England, the Crown had used treason charges against its critics. The writers wanted to stop that, so they defined treason narrowly and required strong proof. They also gave judges life terms and protected their pay, so lawmakers could not pressure them.
Words that changed
- “good Behaviour”
ThenAs long as a judge does not commit serious misconduct.
NowIn practice, a life term. Judges leave by retiring, resigning, dying, or impeachment and removal.
- “Equity”
ThenA separate kind of court case where judges could order fair outcomes, like stopping someone from acting.
NowFederal courts handle both kinds of cases together.
- “Corruption of Blood”
ThenAn English rule that punished a traitor's family by blocking them from inheriting.
NowBanned by the Constitution. Punishment for treason stays with the person convicted.
Who argued what
Anti-Federalists
Unelected judges with life terms would answer to no one. They could expand federal power over the states.
Federalists
Courts would be the least dangerous branch. Alexander Hamilton wrote that judges have neither force nor will, but merely judgment.
Key cases
- 1793
Chisholm v. Georgia
A citizen of another state could sue Georgia in federal court. The Eleventh Amendment reversed this result.
- 1803
Marbury v. Madison
Courts can strike down laws that conflict with the Constitution, which is called judicial review.
- 1816
Martin v. Hunter's Lessee
The Supreme Court can review state court decisions on federal law.
- 1869
Ex parte McCardle
Congress can take away the Supreme Court's power to hear certain kinds of appeals.
- 1945
Cramer v. United States
A treason conviction was overturned because the overt acts proven by two witnesses did not show aid to the enemy.
More history and context
Article III creates the federal courts. It is short. It leaves many details to Congress, such as how many justices sit on the Supreme Court and how the lower courts are organized. Those details come from federal laws, not the Constitution.
The Court's most important power is judicial review, meaning the power to strike down laws that conflict with the Constitution. Article III does not name this power. The Court claimed it in Marbury v. Madison (1803), and it has been accepted ever since.
Lifetime service is meant to protect judges from political pressure. The only way to remove a federal judge is impeachment. The House has impeached 15 federal judges, and the Senate has removed some of them.
The writers defined treason narrowly on purpose. In England, the Crown had used broad treason charges against political opponents. The two-witness rule makes treason hard to prove, and treason convictions have been rare.
"Corruption of blood" was an old English rule. A person convicted of treason lost the right to pass property to their family. The Constitution bans this, so the punishment stays with the person convicted.
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