Article III of the US Constitution. Judicial Department
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.
- One Supreme Court
- Inferior Courts
- Courts of Specialized Jurisdiction
- Legislative Courts
- Noncourt Entities in the Judicial Branch
- Judical Power
Ancillary Powers Of Federal Courts
The Contempt Power
- Categories of Contempt.
- The Act of 1789.
- An Inherent Power.
- First Amendment Limitations on the Contempt Power.
- Due Process Limitations on Contempt Power: Right to Notice and to a Hearing Versus Summary Punishment.
- Due Process Limitations on Contempt Power: Right to Jury Trial.
- Due Process Limitations on Contempt Powers: Impartial Tribunal.
- Contempt by Disobedience of Orders.
- Contempt Power in Aid of Administrative Power.
- Sanctions Other Than Contempt
- Power to Issue Writs: The Act of 1789
- Congressional Limitation of the Injunctive Power
- The Rule-Making Power and Powers Over Process
- Appointment of Referees, Masters, and Special Aids
- Power to Admit and Disbar Attorneys
- The Contempt Power
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 Land under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Judicial Power And Jurisdiction Cases And Controversies
- The Two Classes of Cases and Controversies
- Adverse Litigants
Substantial Interest: Standing
- Generalized or Widespread Injuries.
- Taxpayer Suits.
- Constitutional Standards: Injury in Fact, Causation, and Redressability.
- Prudential Standing Rules.
- Standing to Assert the Rights of Others.
- Organizational Standing.
- Standing of States to Represent Their Citizens.
- Standing of Members of Congress.
- Standing to Challenge Lawfulness of Governmental Action.
- The Requirement of a Real Interestt
- Political Questions
- The Establishment of Judicial Review
- Limitations on the Exercise of Judicial Review
Jurisdiction Of Supreme Court And Inferior Federal Courts
Cases Arising Under the Constitution, Laws, and Treaties of the United States
- Development of Federal Question Jurisdiction.
- When a Case Arises Under.
- Removal From State Court to Federal Court.
- Corporations Chartered by Congress.
- Federal Questions Resulting from Special Jurisdictional Grants.
- Civil Rights Act Jurisdiction.
- Pendent Jurisdiction.
- Protective Jurisdiction.
- Supreme Court Review of State Court Decisions.
- Suits Affecting Ambassadors, Other Public Ministers, and Consuls
- Cases of Admiralty and Maritime Jurisdiction
- Cases to Which the United States Is a Party
- Suits Between Two or More States
- Controversies Between a State and Citizens of Another State
- Controversies Between Citizens of Different States
- Controversies Between Citizens of the Same State Claiming Land Under Grants of Different States
- Controversies Between a State, or the Citizens Thereof, and Foreign States, Citizens, or Subjects
- Cases Arising Under the Constitution, Laws, and Treaties of the United States
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the Supreme Court shall have original Jurisdiction. In all 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 Original Jurisdiction Of The Supreme Court
- Power Of Congress To Control The Federal Courts
Federal State Court Relations
- Problems Raised by Concurrency
- The Autonomy of State Courts
- Conﬂicts of Jurisdiction: Rules of Accommodation
- Conﬂicts of Jurisdiction: Federal Court Interference with State Courts
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.
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.