Article III For Dummies: The Judiciary Explained

Summary

In this episode of 'Hipu History,' the focus is on Article Three of the U.S. Constitution, detailing the judicial branch. It explains the establishment of the Supreme Court and inferior courts by Congress, the lifetime appointment of judges to ensure judicial independence, and their compensation. The script delves into original and appellate jurisdiction, the concept of judicial review established in Marbury v. Madison, and the right to a jury trial. It concludes with a clear definition of treason, requiring two witnesses or a confession, and stresses the prohibition of punishing family members for treason.

Takeaways

• 📜 Article 3 of the U.S. Constitution focuses on the judicial branch, establishing the Supreme Court and inferior courts as determined by Congress.
• 👨‍⚖️ Judges of both the Supreme and inferior courts hold their offices during good behavior, essentially for life, to protect them from political pressures.
• 💵 Federal judges are guaranteed compensation that cannot be diminished during their continuance in office, ensuring their financial independence.
• 🏛️ Congress has significant power to shape the court system through the creation of inferior courts, as outlined in the Judiciary Act of 1789.
• 👥 The concept of judicial review, which allows courts to determine the constitutionality of laws, is not explicitly mentioned in Article 3 but is discussed in The Federalist Papers.
• 📚 Judicial review was solidified in the landmark case Marbury v. Madison, where the Supreme Court asserted its power to declare laws unconstitutional.
• 🗣️ Section 2 of Article 3 discusses the original and appellate jurisdiction of the Supreme Court, including cases involving foreign diplomats and states suing other states.
• 👫 The right to a jury trial in criminal cases is mentioned, which is later expanded upon in the Sixth Amendment.
• ⚖️ Section 3 of Article 3 defines treason very narrowly as waging war against the United States or giving aid to its enemies.
• 👥 For a conviction of treason, there must be two witnesses to the same overt act or a confession by the accused in open court.
• 🚫 The Constitution prohibits bills of attainder, which are laws that inflict punishment without a trial, and protect against punishing family members for the crimes of an individual.

Q & A

What is the main focus of the video script?

The main focus of the video script is to explain Article Three of the United States Constitution, particularly the judicial branch.

What does Article Three Section One of the Constitution establish?

Article Three Section One establishes the judicial power of the United States, which is vested in one Supreme Court and such inferior courts as Congress may ordain and establish.

What does the term 'good behavior' mean in the context of federal judges' tenure?

In the context of federal judges' tenure, 'good behavior' means that judges hold their offices for life, unless they commit an impeachable offense or are otherwise removed from office.

How does the Constitution empower Congress to create the federal court system?

The Constitution empowers Congress to create the federal court system by stating that Congress may ordain and establish inferior courts from time to time.

What is the significance of the Supreme Court having lifetime appointments?

The significance of lifetime appointments for Supreme Court justices is to protect them from the whims of the masses and political pressures, ensuring they can make decisions based on the Constitution without fear of losing their jobs.

What is the Court Packing Plan of 1937, and is it constitutional?

The Court Packing Plan of 1937 was an attempt by President Franklin D. Roosevelt to add more justices to the Supreme Court. The script suggests that it is technically constitutional because Congress has the power to create inferior courts and could have increased the size of the Supreme Court.

What is the difference between original jurisdiction and appellate jurisdiction as mentioned in the script?

Original jurisdiction refers to cases that the Supreme Court would hear directly, such as those involving ambassadors or states suing states. Appellate jurisdiction refers to cases that the Supreme Court would hear on appeal from lower courts.

Where is the concept of judicial review discussed in the script?

The concept of judicial review is discussed in the script as being established by the Supreme Court case Marbury v. Madison in 1803, not directly in Article Three of the Constitution.

What does Section Two of Article Three say about jury trials?

Section Two of Article Three states that all criminal trials should have jury trials, except in cases of impeachment where a jury trial is not required.

How is treason defined in Article Three Section Three?

Treason is defined in Article Three Section Three as waging war against the United States or giving aid and comfort to the enemy.

What are the requirements for a conviction of treason according to the script?

For a conviction of treason, there must be two witnesses to the same overt act of treason or the person charged must confess in open court.

Outlines

00:00

🏛️ Judicial Branch Overview

The script introduces Article 3 of the US Constitution, focusing on the judicial branch. It explains that the judicial power is vested in the Supreme Court and inferior courts established by Congress. Judges serve for life, ensuring independence from political pressures. The discussion highlights the purpose of lifetime appointments, drawing from The Federalist Papers, to protect against the 'unsteadiness of the many' and to uphold justice without fear of losing their positions. It also touches on the potential downside of this system, where judges are not accountable to public opinion. The script mentions the Judiciary Act of 1789 and the structure of the federal court system, leading up to the Supreme Court. It also discusses the constitutionality of FDR's Court Packing Plan of 1937, indicating Congress's power to alter the Supreme Court's size.

05:01

📚 Judicial Review and Treason

The script delves into Section 2 of Article 3, discussing the Supreme Court's original and appellate jurisdiction. It notes the absence of explicit mention of judicial review in the Constitution but acknowledges its establishment through the landmark case Marbury v. Madison in 1803. This case solidified the Supreme Court's power to declare laws unconstitutional, a principle not detailed in the Constitution but inferred from its language and historical precedent. The script also addresses the right to a jury trial in criminal cases, with exceptions for impeachment trials. Section 3 is briefly summarized, defining treason and the requirements for conviction, including the need for two witnesses or a confession. It concludes by emphasizing the protection against collective punishment, a principle that prevents punishing families for an individual's acts of treason.

Keywords

💡Constitution

The Constitution refers to the fundamental principles or established precedents according to which a state or other organization is governed. In the context of the video, it specifically refers to the United States Constitution, which is the supreme law of the United States. The video aims to explain Article Three of the Constitution, which outlines the judicial branch of the U.S. government.

💡Judicial Branch

The judicial branch is one of the three branches of the United States federal government, responsible for interpreting the laws and administering justice. The video discusses Article Three of the Constitution, which vests the judicial power in the Supreme Court and other inferior courts established by Congress.

💡Supreme Court

The Supreme Court is the highest court in the United States and leads the judicial branch. The video mentions that according to Article Three, Section One, the judicial power shall be vested in one Supreme Court and in such inferior courts as Congress may ordain and establish.

💡Inferior Courts

Inferior courts are courts below the Supreme Court in the judicial hierarchy. The video explains that these courts are established by Congress and include the federal district and appeal courts system, as set up by the Judiciary Act of 1789.

💡Good Behavior

In the context of the video, 'good behavior' refers to the condition under which federal judges hold their offices. Judges are appointed for life or 'during good behavior,' meaning they can serve until they die, retire, or are removed from office through impeachment.

💡Federalist Papers

The Federalist Papers are a series of essays promoting the ratification of the U.S. Constitution. The video references these papers to explain the rationale behind giving judges lifetime appointments, to protect them from the whims of the masses and ensure equity.

💡Judicial Review

Judicial review is the power of the courts to review and declare laws or governmental actions invalid if they do not conform to the Constitution. Although not explicitly mentioned in Article Three, the video explains that it was established through the case Marbury v. Madison and is a key function of the Supreme Court.

💡Original Jurisdiction

Original jurisdiction refers to the power of a court to hear a case before any other court. The video mentions that Article Three, Section Two, outlines the Supreme Court's original jurisdiction, which includes cases involving consuls or ministers and ambassadors, or states suing states.

💡Appellate Jurisdiction

Appellate jurisdiction is the power of a court to review decisions made by lower courts. The video discusses that Section Two of Article Three gives the Supreme Court appellate jurisdiction over cases involving citizens from different states or cases where a state is a party.

💡Treason

Treason is defined in the video as waging war against the United States or giving aid and comfort to the enemy. Article Three, Section Three, specifies the conditions for a conviction of treason, requiring two witnesses to the same overt act or a confession in open court.

💡Impeachment

Impeachment is the process by which a legislative body levels charges against a government official. The video notes that impeachment trials do not require a jury, unlike other criminal trials.

Highlights

Introduction to Article 3 of the Constitution and the judicial branch.

Article 3 Section 1 vests judicial power in one Supreme Court and inferior courts as established by Congress.

Federal judges hold their offices during good behavior, essentially for life.

Judges' compensation cannot be diminished, ensuring their financial security.

Congress has significant power over the structure and number of federal courts.

The Supreme Court is at the top of a pyramid court system.

Life tenure for judges protects them from the whims of the masses.

The concept of elite theory from The Federalist Papers is discussed to explain life tenure.

FDR's Court packing plan of 1937 is technically constitutional.

Section 2 of Article 3 discusses the jurisdiction and power of the Supreme Court.

Original jurisdiction and appellate jurisdiction are outlined in Section 2.

Judicial review is not explicitly mentioned in Article 3 but is discussed in The Federalist Papers.

The case Marbury versus Madison established judicial review.

Section 2 also discusses the right to a jury trial in criminal cases.

Section 3 defines treason and the requirements for a conviction.

Treason convictions require two witnesses or a confession in open court.

Punishments for treason cannot extend to the family of the accused.

Encouragement to subscribe to the channel for more educational content.

Invitation to explore other edu gurus in the description for further learning.

Transcripts

hey guys welcome to hipu history we're

going to take care of article three of

the Constitution today as we continue

our constitution for dummy series I

didn't call you a dummy you're not a

dummy you're very smart so sit back and

relax let's see if we can explain what

the Constitution says about the judicial

branch so go grab a bag of popcorn and

we can shove your face with food and

with learning

G la la

all right so there's three sections to

article 3 and section one basically says

the judicial power of the United States

shall be vested in one supreme court and

in such inferior courts as Congress May

from time to time ordain and establish

it goes on to say that these judges both

of the Supreme and inferior courts shall

hold their offices during good behavior

and shall at times receive for their

services a compensation which shall

never be diminished for their

continuance and off office and what this

basically does is three things it says

there's going to be a supreme court but

it doesn't really say anything else

about the makeup of that Supreme Court

and then it goes on to say other courts

say I don't know I I I I don't know

Congress you do you do you do and

Congress will go on to do that creating

the federal district and appeal court

system and the 1789 Judiciary act so

Congress has a lot of power over kind of

the makeup of what the court looks like

in terms of number and size and not

scope so much but definitely what kind

of court system we're going to have and

of course we have a kind of a pyramid

court system everything leading all

roads leads to Oz all roads lead to the

Supreme Court but then it goes on to say

that the judges both courts all federal

judges inferior courts and the Supreme

Court shall hold their offices during

good behavior so that means that as long

as they're not robbing a 7-Eleven they

have their jobs for Life For Life why

would they give them jobs for life they

give them jobs for life so they can

protect them from the masses if you look

at some of the quotes from The

Federalist Papers um I really love the

idea of uh elite theory um all

communities divide themselves into the

few and the many the first are well

enriched board the second are turbulent

and changing therefore give power to the

first so they may check the unsteadiness

of the other so if you have this court

system where people are being appointed

for life that they really don't have to

kind of respond to the whims of the

majority of the factions of maybe the

larger group of people that want to I

don't know steal property from rich

people and redistribute it the other

side of that coin of course is that it

also protects Equity it pro you know

protects the idea that if I want to rule

for something that I believe is Justice

orientated like let's say gay marriage

and I'm from Alabama in a federal

district court I don't want to have to

run for reelection there nothing against

the good folks of Alabama but gay

marriage not so popular so when it comes

down to what's popular and what the

Constitution says according to the

conscious of that judge they don't have

to flip a coin they can do what they

want because they have jobs for life and

then it goes on to say that they going

to get paid they going to get paid you

can't diminish their salary and then we

go to section two batter

up kind of a side note but according to

section one if you think about it that

the courts are created inferior courts

are created by Congress this means that

FDR's Court packing plan 1937 the

reorganization plan that he brought to

Congress to add justices to the Supreme

Court is technically constitutional

Congress has that ability and if they

wanted to they could have increased the

size of the Supreme Court of course they

set the number at nine a long time ago

but they could reorganize that number

and set it higher of course that would

give the

president probably too much

power so section two is about

jurisdiction and the power of the

Supreme Court and this is where we get a

little bit foggy about uh kind of what

judicial review is in section two it

only talks about original jurisdiction

and appellate jurisdiction original

jurisdiction are court cases the court

would hear directly and it lays out I

believe consoles or ministers

ambassadors State suing States but then

it gives a pallet jurisdictions if

there's court cases that are involving

citizens against citizens of other

states or citizens against States they

don't live in and basically according to

law and fact the Supreme Court would

have the ability to hear appeals on

these types of matters but nowhere in

there does it talk about judicial review

judicial review is discussed in The

Federalist Papers I believe it's

Federalist Paper number 78 watch me

check I'm right it's 78 um Hamilton

makes the argument that the Supreme

Court or the federal court should have

some type of oversight over legislation

but that's nowhere here in section two

all it talks is about this kind of very

broad idea of original jurisdiction and

pallet jurisdiction however we know from

studying history that the Court gives

themselves this power when it he's the

court case in 1803 correct me if I'm

wrong Marberry versus Madison and we're

not going to get into the depths of this

case it's called The Midnight judge case

but basically the court for the first

time is hearing a matter of policy a law

that was passed a congressional action

some type of occurrence and they make a

ruling and then they decide that that

action that law is unconstitutional and

everybody kind of accepts the findings

and this becomes the power of judicial

review that we're going to allow the

Supreme Court to hear these types of

matters when we have laws that are up in

the air when one side claims foul and

says that this law or this presidential

action isn't in accordance with the

Constitution so therefore even though

maybe the spirit of judicial review

floats around the words it's not in

article 3 it comes from say it with me

Barberry versus Madison established

judicial review so section two um then

does go on it talks about the right of a

jury trial and uh this will be later

expanded with amendment number six but

basically saying that the uh uh all

criminal trials will have jury trials

unless it's a case of impeachment where

you're taking down an official then you

don't need a jury trial all right gidy

up let's look at section

three all right let's look at uh section

three the last section of article three

which is very clear in how it defines

treason it says that treason can only be

defined as Waging War against the United

States or giving Aid and comfort to the

enemy and that goes on to say that in

order to be convicted for treason you

have to have two witnesses to the same

overt Act of treason or have the person

being charged give open testimony and

open court so it's very specific that if

you're going to be charged with treason

you're going to have two witnesses

against you or you're going to confess

um and then goes on to say that uh

Congress will set up kind of the

punishment for treason and that no

attainder of treason shall be issued and

that basically means by blood or

corruption that uh we can't punish your

family for you being thought of being

treasonous so that's where the blood and

kind of corruption comes in and that

goes back to kind of like the king and

Bloodlines and punishing people because

of hereditarian yada yada yada so there

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