Article III: Judicial Branch
The Powers of the Supreme Court
Constitutional Text
Section 1. 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.
Section 2. 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...
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...
Section 3. 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.
Sections Summary
Section 1 - Establishment
One Supreme Court, Congress creates lower courts, lifetime tenure ("good Behaviour"), salary cannot be reduced
Section 2 - Jurisdiction
Original jurisdiction: cases involving states or ambassadors. Appellate jurisdiction: appeals from lower courts
Section 3 - Treason
Only crime defined in Constitution: levying war or giving aid to enemies. Requires 2 witnesses or confession
What's NOT in Article III
Judicial Review - the power to declare laws unconstitutional - is NOT explicitly stated in the Constitution. This power was established by the Supreme Court itself in Marbury v. Madison (1803).
The Constitution also does not specify the number of justices on the Supreme Court. Congress has changed this number several times; it has been 9 since 1869.
Discussion Questions
A) Lifetime Appointments
Federal judges serve for life ("during good Behaviour"). Should there be term limits for Supreme Court justices? What are the benefits and drawbacks of lifetime appointments?
B) Court Packing
Since the Constitution doesn't specify the number of justices, Congress could add more. Should the number of Supreme Court justices be set by a constitutional amendment?
Key Takeaways
- Lifetime tenure protects judicial independence
- Judicial review was established by precedent, not the Constitution
- Treason is the only crime defined in the Constitution
- Congress controls the size and structure of federal courts
AP Exam Connection
Unit 2 — Interactions Among Branches (25–36% of AP exam)
Article III does NOT explicitly grant the Supreme Court the power of judicial review. Marbury v. Madison (1803) is where judicial review comes from — Marshall derived it from the logic that courts interpret law and the Constitution is supreme law. This distinction is frequently tested.
Memory Tricks
"Judicial review is in Marbury, not Article III." Article III grants federal judicial power but never says courts can strike down laws. Chief Justice Marshall created judicial review in Marbury v. Madison (1803) by arguing that it is 'emphatically the province of the judicial department to say what the law is' — and if the Constitution is supreme, laws repugnant to it must yield.
"Original = first. Appellate = review." Original jurisdiction means the Supreme Court hears the case first (ambassadors, state-vs-state disputes). Appellate jurisdiction means reviewing a lower court's decision. Almost all Supreme Court cases are appellate — the Court selects from petitions for certiorari.
AP-Style Writing Practice
Article III of the Constitution establishes the judicial branch and grants federal judicial power, but leaves several critical questions — including the scope of the Supreme Court's authority — to interpretation.
- Identify the constitutional basis for judicial review, explaining whether Article III explicitly grants this power or whether it was derived by the Supreme Court.
- Explain the difference between the Supreme Court's original and appellate jurisdiction, giving one category of case for each.
- Evaluate Hamilton's argument in Federalist No. 78 that life tenure for federal judges protects rather than threatens democracy.
Tip: Part A: Judicial review is NOT in Article III — Marshall derived it in Marbury (1803) from the logic that courts must interpret law and the Constitution is supreme law. Part B: Original = ambassadors, state-vs-state; Appellate = reviewing lower court decisions (almost all cases). Part C: Hamilton's argument — independence from political pressure allows courts to protect rights against temporary majorities.