— 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.]
COMMENTARY:
The right of the federal courts to handle “cases arising under this Constitution” is the basis
of the Supreme Court’s right to declare laws of Congress unconstitutional. This right of “judicial
review” was established by Chief Justice John Marshall’s historic decision in the case of
Marbury v. Madison in 1803.
The 11th Amendment set aside the phrase ”between a state and citizens of another state”
and removes from federal courts suits by citizens against a state.
(2) 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.
COMMENTARY:
The statement that the Supreme Court has original jurisdiction in cases affecting foreign
governments and their representatives and in cases to which a state government is one of the
parties means that cases of this kind go directly to the Supreme Court. In other cases, the
Supreme Court has appellate jurisdiction. This means that the cases are tried first in a lower
court and may come up to the Supreme Court for review if Congress has authorized an appeal
for such kinds of cases. Congress cannot take away or modify the original jurisdiction of the
Supreme Court, but it can take away the right to appeal to that Court or fix the conditions one
must meet to present an appeal.
(3) 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.
Article III
Section 3
(1) 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.
COMMENTARY:
No person can be convicted of treason against the United States unless he or she
confesses in open court, or unless two witnesses testify that he or she has committed a
treasonable act. Talking or thinking about committing a treasonable act is not treason.