Article III For Dummies: The Judiciary Explained
Summary
TLDRIn 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
🏛️ 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.
📚 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.
Mindmap
Keywords
💡Constitution
💡Judicial Branch
💡Supreme Court
💡Inferior Courts
💡Good Behavior
💡Federalist Papers
💡Judicial Review
💡Original Jurisdiction
💡Appellate Jurisdiction
💡Treason
💡Impeachment
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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