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Saturday, July 03, 2010

#726 Article III - The Judicial Branch

Section 1 - Judicial powers

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 Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
(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.) (This section in parentheses is modified by the 11th Amendment.)
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 Note
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.

Article III - The Judicial Branch Note

As you read the Judicial Branch note, and I recommend that you do, you will notice that our Constitution was written purposely to be imperfect. Few will argue that it is any different than the framers declared.  There are a few perfections in it, e.g., the separation of powers and the planned checks and balances.

The primary beauty and power of it is the statement that ours is a country of, by and for the people.  Our government reflects our diligence, or lack thereof, in selecting our representative. I do not doubt that everyone of them went into the government with lofty ideals and goals. It is only after being in office that they learn the "rules" of the game as developed by the "players" who preceded them.

The framers did not see eye-to-eye on most things. They were able to craft a document that would see us through changing times. An important question to ask ourselves: Can we, the people get the government we should have or the one we deserve?  Hmmmm?

More to come. After all, we still have the "Bill of Rights" to explore.


1 comment:

The Phosgene Kid said...

Given our border problems and Osama bin Obama's response, I think the states are pretty much on their own when it comes to making laws. The Federal Gov't is broke hard.