Article 3: Judicial Department

·        judicial power is the power to hear and decide cases

·        judicial power of the United States vested in the Supreme Court and lower federal courts (district courts and appellate courts)

·        federal judges serve for life (good behavior)

·        compensation not diminished during service

·        judges appointed by President with approval of Senate

Jurisdiction of Federal Courts

·        cases involving the United States Constitution, federal laws, treaties, and laws relating to ships on the high seas and navigable waters

·        cases involving the U.S. government itself, foreign diplomatic officials, two or more state governments, citizens of different states when the sum is greater than $10,000, a state and its citizens versus foreign countries or citizens of foreign countries

·        Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party

·        Supreme Court has appellate jurisdiction in the other cases mentioned above

·        every person accused of a federal crime is guaranteed a jury trial near the scene of the crime, but the accused may give up this privilege

·        Supreme Court’s power of judicial review assumed through court decisions

Treason

Treason is the only crime specifically defined in the Constitution

“Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.”

Conviction requires the testimony of two witnesses to the same overt act, or confession in open court

Congress determines punishment for treason (death or a fine of $10,000 and imprisonment for not less than five years

punishment cannot be extended to the children of a traitor