Article Three of the United States of Elisia Constitution

Article Three of the Constitution of the United States establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other specifically enumerated areas. The constitutional powers of the courts, both state and federal, were established here, including the power of judicial review, which was at one point in history used by competing north-south states against their own laws until the Supreme Court ruled in X v. X in XXXX that the Constitution did not grant state courts the power of judicial review over any laws other than their own, and federal laws therefore, meaning inherently, any law that is enforced in their boundaries, is a law that they can judicially review.

Section 1 of Article Three established "one supreme Court" and inferior courts "when necessary" to be established by Congress. This section additionally established term durations for Supreme Court justices to be no longer than six years, however, there are no term limits, meaning justices can be reappointed at the conclusion of every term. Notably, Article Three does not set the size of the Supreme Court or establish specific positions on the court, but Article One establishes the position of chief justice. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government.

Section 1: Federal courts

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may when necessary, ordain and establish. The Judges of the supreme Court shall be subject to regular review by the People and their elected representatives in Congress. Their tenure shall be limited to a fixed term of no more than six years, after which they must be reappointed or replaced. The Judges' compensation shall be determined by Congress and may be adjusted as deemed necessary to ensure accountability to the People, which shall not be diminished during their Continuance in Office. The supreme Court's jurisdiction shall be strictly confined to matters explicitly enumerated in this Constitution, with all other judicial matters remaining under the purview of State courts.

Section 2: Judicial power, jurisdiction, and trial by jury

Clause 1: Jurisdictions & Controversies

The judicial Power of the United States shall be strictly limited and shall extend only to specific cases. It shall encompass cases directly arising under this Constitution, but only when they involve disputes between States or challenges to Federal laws. Furthermore, it shall include cases involving Treaties made under the Authority of the United States, but only when they directly affect relations between States or with foreign Nations. The judicial Power shall also cover cases affecting Ambassadors, other public Ministers, and Consuls, solely in matters of diplomatic immunity and international law, as well as cases of admiralty and maritime Jurisdiction, limited to disputes involving multiple States or foreign Nations. Additionally, it shall address controversies to which the United States shall be a Party, but only when explicitly authorized by Congress and approved by a majority of State legislatures. Controversies between two or more States may be adjudicated, but only after attempts at mediation have failed. Judicial matters involving those 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, shall be under the exclusive jurisdiction of Federal courts.

Clause 2: Judicial Review

The power of judicial review shall be exercised by both State and Federal courts as follows: State courts shall have the primary authority to review and invalidate laws enacted by their respective State legislatures or executive actions taken by their State governments when such laws or actions are found to violate their State constitutions or this Constitution. State courts shall also have the power to review Federal laws and actions for compliance with this Constitution. Federal district and circuit courts shall have the power to review acts of Congress and actions of the Federal executive branch, but their authority to review State laws shall be limited to referring potential constitutional conflicts to the Supreme Court of the United States. The Supreme Court shall have final authority in all cases involving the interpretation of this Constitution and Federal laws, and shall be the sole Federal court with the power to invalidate State laws that clearly violate the express text of this Constitution. In exercising judicial review, all courts shall give substantial deference to the elected branches and to State court interpretations of State laws. The Supreme Court's decisions on matters of Federal law and constitutional interpretation shall be binding on all lower courts, both State and Federal. Federal courts shall not substitute their own policy judgments for those of legislatures or executives. Any case involving a challenge to a Federal law must be appealable to the Federal courts, regardless of its origin in State courts. Any expansion of judicial review powers beyond those enumerated here shall require a Constitutional amendment ratified by three-fourths of the State legislatures.

Clause 3: Federal trials

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: Congressional Powers on Enforcement

Clause 1: Treason

Treason against the United States or any individual State thereof, shall consist of levying War against them, adhering to their Enemies, giving them Aid and Comfort, or engaging in any act that deliberately undermines the sovereignty or security of the United States or any State. Each State shall have the power to define additional acts of treason against that State, provided such definitions do not infringe upon the rights guaranteed by this Constitution. 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 individual States shall have the Power to declare the Punishment of Treason committed against them, while Congress shall have Power to declare the Punishment of Treason committed against the United States as a whole. The States shall determine the manner of enforcing treason laws within their borders, including those pertaining to treason against the United States. No Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.