Three Sections Of Section 1 Essay

Article III of the United States Constitution consists of three sections. In section one, the federal courts are created, which is one Supreme Court. This court is comprised of nine justices, one being the Chief Justice. These judges hold their position for life or until they are impeached by Congress. Section one also states that Congress is given the power to create and remove lower courts. The end of Section one declares that the pay of a judge cannot be lowered while appointed, but it can be raised. Section two goes on to explain the powers of the Supreme Court and what power is placed where. It also tells which cases the federal courts are allowed to rule on. Some federal cases can be heard first by the Supreme Court, but almost all cases start in federal district courts. Most importantly, Section two gives the right to be tried by a jury unless the defendant does not want one. Treason is the focus of Section Three. It is the only crime specifically defined in the Constitution. A person is guilty of treason if he or she “levied War against them, or in adhering to their Enemies, giving them Aid and Comfort”. To be convicted of treason, two witnesses of the same act testify or confession of treason is made. The last part of Section Three gives Congress the power
to decide the punishment as long as it is directed at the guilty party (Article III. Judicial Department).
This article played a factor in the case of Marbury v. Madison. This was the first time that the Supreme Court announced that a court may declare an act of Congress void if it is inconsistent with the Constitution (Smith, J. E). This case came about when William Marbury had been appointed a justice and James Madison refused to deliver Marbury’s commission. Marbury then petitioned for a writ of mandamus. John Marshal, Chief Justice at the time, denied the petition in a unanimous court. He ruled that the Constitution did not give the Supreme Court the power to issue writs of mandamus. Such writes might be issued according to the Judiciary Act of 1789, but that section was unconstitutional (Marbury v. Madison). The Supreme Court gets the final say over the two other branches of government whether a law follows the constitution or not. This is known as judicial review. It is not outlined in the Constitution, but is an assumption of Article Three (Edwards p. 50).
The Haupt v.
United States case was the first time in history the Supreme Court continued a conviction of treason. The defendant, Hans Max Haupt sheltered, assisted in the purchase of a car, and aided in the search for a job in a factory where Nordern bomb sights were manufactured to his, Herbert Haupt an enemy spy wanting to sabotage American war industry. Even though these are acts a father would certainly preform, it did not fully relieve the acts of helping an enemy. For each act, there was at least two witnesses, so according to Article Three, Haupt was convicted of treason before reaching the Supreme Court. The conviction was sustained 8-1 when reaching the Supreme Court (Haupt v. United
States).
Article Three of the United States Constitution is a short one, but very powerful with regards to the Supreme Court. It describes the makeup and power of this court. I believe that the Supreme Court having the say in whether a law is constitutional or not is the perfect way to give it meaning and also the best way possible to check other branches of the government. Interpretation of this article may not be as common as some, but without it, judicial review would not be a thing and the right to a trial would be nonexistent.