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.

• Judicial Department
  • One Supreme Court
  • Inferior Courts
    • Abolition of Courts.
  • Compensation
    • Diminution of Salaries.
  • Courts of Specialized Jurisdiction
  • Legislative Courts
    • Power of Congress Over Legislative Courts.
    • Review of Legislative Courts by Supreme Court.
    • The “Public Rights” Distinction.
    • Constitutional Status of the Court of Claims and the Courts of Customs and Patent Appeals.
    • Status of Courts of the District of Columbia.
    • Bankruptcy Courts.
    • Agency Adjudication.
  • Noncourt Entities in the Judicial Branch
• Judical Power
  • Characteristics and Attributes of Judicial Power
    • “Shall Be Vested”.
  • Finality of Judgment as an Attribute of Judicial Power
    • Award of Execution.
  • Judicial Immunity from Suit
• 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
    • Common Law Powers of District of Columbia Courts.
    • Habeas Corpus: Congressional and Judicial Control.
    • Habeas Corpus: The Process of the Writ.
  • Congressional Limitation of the Injunctive Power
    • Injunctions Under the Emergency Price Control Act of 1942.
  • The Rule-Making Power and Powers Over Process
    • Limitations to The Rule Making Power.
  • Appointment of Referees, Masters, and Special Aids
  • Power to Admit and Disbar Attorneys

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
    • Collusive and Feigned Suits.
    • Stockholder Suits.
  • 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
    • Advisory Opinions.
    • Declaratory Judgments.
    • Ripeness.
    • Mootness.
    • Retroactivity Versus Prospectivity.
  • Political Questions
    • Origins and Development.
    • The Doctrine Before Baker v. Carr.
    • Baker v. Carr.
    • Powell v. McCormack.
    • The Doctrine Reappears.
• Judicial Review
  • The Establishment of Judicial Review
    • Marbury v. Madison.
    • Judicial Review and National Supremacy.
  • Limitations on the Exercise of Judicial Review
    • Constitutional Interpretation.
    • Prudential Considerations.
    • The Doctrine of “Strict Necessity”.
    • The Doctrine of Clear Mistake.
    • Exclusion of Extra-Constitutional Tests.
    • Presumption of Constitutionality.
    • Disallowance by Statutory Interpretation.
    • Stare Decisis in Constitutional Law.
    • Conclusion.
• 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
    • Power of Congress To Modify Maritime Law.
    • Admiralty and Maritime Cases.
    • Admiralty Proceedings.
    • Territorial Extent of Admiralty and Maritime Jurisdiction.
    • Admiralty and Federalism.
  • Cases to Which the United States Is a Party
    • Right of the United States to Sue.
    • Suits Against States.
    • Immunity of the United States From Suit.
    • Suits Against United States Officials.
    • Suits Against Government Corporations.
  • Suits Between Two or More States
    • Boundary Disputes: The Law Applied.
    • Modern Types of Suits Between States.
    • Cases of Which the Court Has Declined Jurisdiction.
    • The Problem of Enforcement: Virginia v. West Virginia.
    • Enforcement Authority Includes Ordering Disgorgement and Reformation of Certain Agreements.
  • Controversies Between a State and Citizens of Another State
    • Jurisdiction Confined to Civil Cases.
    • The State’s Real Interest.
    • The State as Parens Patriae.
  • Controversies Between Citizens of Different States
    • The Meaning of “State” and the District of Columbia Problem.
    • Citizenship of Natural Persons.
    • Citizenship of Corporations.
    • Manufactured Diversity.
    • The Law Applied in Diversity Cases.
  • 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
    • Suits by Foreign States.
    • Indian Tribes.
    • Narrow Construction of the Jurisdiction.

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
  • The Theory of Plenary Congressional Control
    • Appellate Jurisdiction.
    • Jurisdiction of the Inferior Federal Courts.
    • Congressional Control Over Writs and Processes.
  • The Theory Reconsidered
    • Express Constitutional Restrictions on Congress.
    • Conclusion.
• Federal State Court Relations
  • Problems Raised by Concurrency
  • The Autonomy of State Courts
    • Noncompliance With and Disobedience of Supreme Court Orders by State Courts.
    • Use of State Courts in Enforcement of Federal Law.
    • State Interference with Federal Jurisdiction.
  • Conflicts of Jurisdiction: Rules of Accommodation
    • Comity.
    • Abstention.
    • Exhaustion of State Remedies.
    • Anti-Injunction Statute.
    • Res Judicata.
    • Three-Judge Court Act.
  • Conflicts of Jurisdiction: Federal Court Interference with State Courts
    • Federal Restraint of State Courts by Injunctions.
    • Habeas Corpus: Scope of the Writ.
    • Removal.

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.

• Trial by Jury

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
  • Levying War
    • The Burr Trial.
  • Aid and Comfort to the Enemy
    • The Cramer Case.
    • The Haupt Case.
    • The Kawakita Case.
  • Doubtful State of the Law of Treason Today

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.

• Corruption Of The Blood And Forfeiture