354 APPendIx B • ConSTITUTIon of The UnITed STATeS
also can take on cases involving citizens of different states
and citizens of foreign nations.
Clause 2: Cases for the Supreme Court. In all Cases affect
ing 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 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.
In a limited number of situations, the Supreme Court acts
as a trial court and has original jurisdiction. These cases
involve a representative from another country or involve a
state. In all other situations, the cases must first be tried in
the lower courts and then can be appealed to the Supreme
Court. Congress may, however, make exceptions. Today, the
Supreme Court acts as a trial court of first instance on rare
occasions.
Clause 3: The Conduct of Trials. 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 com
mitted within any State, the Trial shall be at such Place
or Places as the Congress may by Law have directed.
Any person accused of a federal crime is granted the right
to a trial by jury in a federal court in that state in which
the crime was committed. Trials of impeachment are an
exception.
Section 3. Treason
Clause 1: The Definition of Treason. 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.
Treason is the making of war against the United States or
giving aid to its enemies.
Clause 2: Punishment. 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.
Congress has provided that the punishment for treason
ranges from a minimum of five years in prison and/or
a $10,000 fine to a maximum of death. “No Attainder of
Treason shall work Corruption of Blood” prohibits punish-
ment of the traitor’s heirs.
Article IV. (Relations among the States)
Section 1. Full Faith and Credit
Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every
other State. And the Congress may by general Laws
prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
to adjourn Congress when its two chambers do not agree
on when to adjourn, to receive diplomatic representatives
of other governments, and to ensure the proper execution
of all federal laws. The president further has the ability to
empower federal officers to hold their positions and to per-
form their duties.
Section 4. Impeachment
The President, Vice President and all civil Officers of
the United States, shall be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
Treason denotes giving aid to the nation’s enemies. The
definition of high crimes and misdemeanors is usually
given as serious abuses of political power. In either case,
the president or vice president may be accused by the House
(called an impeachment) and then removed from office if
convicted by the Senate. (Note that impeachment does not
mean removal but rather refers to an accusation of treason
or high crimes and misdemeanors.)
Article III. (Judicial Branch)
Section 1. Judicial Powers, Courts, and Judges
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 estab
lish. 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.
The Supreme Court is vested with judicial power, as are the
lower federal courts that Congress creates. Federal judges
serve in their offices for life unless they are impeached and
convicted by Congress. The payment of federal judges may
not be reduced during their time in office.
Section 2. Jurisdiction
Clause 1: Cases under Federal Jurisdiction. 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;—]^9 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.]^10
The federal courts take on cases that concern the meaning
of the U.S. Constitution, all federal laws, and treaties. They
- Modified by the Eleventh Amendment.
- Modified by the Eleventh Amendment.
9781285436388_em_appb_347-362.indd 354 10/22/13 7:03 AM
Copyright 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.