Constitution: Article III

 

We are going to over the Constitution and its Amendments line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  The text comes from The US Constitution.  It will be displayed in black, while my comments will be indented in blue.  Earlier articles include:

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

Article II, Sections 2-4

 

Article III

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.

Note how vague the authors left the underpinnings of our judiciary system.  The lack of definition indicates that they intended the judiciary to be flexible enough to adjust to changing conditions, contrary to the Republicans’ strict construction argument.

Section 2

1:  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.

Thus the judiciary role is to is to resolve all legal conflicts, both criminal and civil.  Nowhere is there a provision for biding arbitration.

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.

This is the authority under which the the Court intervened in the 2000 election with the infamous Bush v. Gore decision.

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.

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.

Treason is the only crime the Constitution specifically defines.

2:  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.

This means that the descends of an adjudged traitor may not be punished nor may their property be confiscated for the original crime.

It is especially interesting to note that the Constitution does not specifically authorize the Supreme Court to decide the constitutionality of laws.  The Court conferred that power upon themselves in Marbury v Madison.

I shall try to put up a new article in this series almost every day.  It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.