The Constitution 2.0 (Part Three)

In this post I will go over the judicial branch of the Constitution, which is still Article III. It is mostly unchanged. Mostly.

Article III

Section One

The judicial power of the United States is established in the federal judiciary of the United States, at this time consisting of ninety four federal judicial districts, under thirteen judicial circuits, administered by a Supreme Court. The Supreme Court shall number thirteen Justices who will each administer one of the Judicial Circuits. The Congress may at its discretion create new inferior courts and judicial circuits, but must appoint one new Supreme Court Justice to administer each Judicial Circuit.

Section Two

No federal Judge, including a member of the Supreme Court, shall serve if they are not licensed to practice law in at least one State, and shall not serve if they are not at least thirty years of age and a United States citizen for at least ten years. No federal Judge, including a member of the Supreme Court, shall serve past the age of seventy-five and upon reaching such age shall retire and the Congress shall appoint a replacement. Federal judges, including members of the Supreme Court, are each appointed to one fifteen-year term, limited only in cases of death, retirement or exceeding the age limit.

The Judges of both 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 Congress may at its discretion create rules of Ethics for the judiciary to follow, all such rules binding on inferior courts shall also be binding on the Supreme Court.

Section Three

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 Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

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.

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.

Section Four

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.

NOTES

As you see, most of this is taken from the original text, except for the first two sections. The current set of courts is detailed, indicating that the new Constitution is meant to apply to the current government and supersede current law as necessary. The Supreme Court is expanded, if only to cover the difference between the number of justices and the number of judicial circuits. The main changes are in Section Two, detailing not only the point that ethics rules apply to the Supreme Court but so do both age limits and term limits. It is also specified that a judge must be qualified to practice law, and must be of minimum age and a US citizen. None of this was in the original text. It is perhaps telling the priority the Founders had for the judicial system that they did not impose the same standard of qualifications that they put on the legislature and the executive.

Next time I want to go over the remaining Constitution, which can stand as is, although I want to do some analysis.

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