LIVING CONSTITUTION
BACKGROUND
VOCABULARY
inferior courts courts
with less authority than the
Supreme Court
appellate having power to
review court decisions
Teach
Article 3
Federal Courts
Reader, Recorder, Reporter
• Why do you think all cases are required to
be tried in the state where the crime was
committed? (so travel is not a hardship and
so that a jury of peers can be found)
• Why do you think the pay of judges cannot
be reduced while they are in office? (so they
cannot be punished for unpopular decisions)
• Problems and Solutions What problem
were the Framers addressing when they
defined treason and its punishment so
carefully? (People might be charged with
treason for simply opposing government
policies if the definitions were not clear.)
CONNECT
to the Essential Question
The Judiciary Act of 1789, passed
by the first Congress, included
establishing a Supreme Court
with a chief justice and five
associate justices and other lower
federal courts.
13. How many Supreme
Court justices are there
today?
Judicial Power
Judicial power gives the Supreme
Court and other federal courts the
authority to hear certain kinds
of cases. These courts have the
power to rule in cases involving
the Constitution, national laws,
treaties, and states’ conflicts.
14. What federal cases have
you seen reported on TV?
How has our 220-year-old Constitution
remained a living document?
ARTICLE 3.
The Judiciary
KEY QUESTION What is the main purpose of the judicial branch?
SECTION 1.
Federal Courts and Judges
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 behavior, and shall, at stated times,
receive for their services a compensation, which shall not be diminished
during their continuance in office.
SECTION 2.
The Courts Authority
1. General Authority 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.
2. Supreme Court 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.
3. Trial by Jury 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.
Ask students what they have learned so far
that can help them answer this question.
Students might mention:
• The Electoral College elects a president.
• The president gives an annual State of
the Union address.
• Judicial power gives the Supreme Court
and other federal courts the authority to
rule in cases involving the Constitution,
national laws, treaties, and conflicts
between states.
• There is a clearly defined system of
checks and balances.
The Constitution actually
creates only one Court—
the U.S. Supreme Court.
(right) The members of the
Supreme Court in 2006.
280 The
Living
Chapter
0 Constitution
DIFFERENTIATING INSTRUCTION: TIERED ACTIVITIES
SIDEBAR ANSWERS
13. nine
14. Possible Answers: Those involving
states’ rights; acts of terrorism within
the United States; protection of constitutional rights, such as freedom of
speech or religion; and protection of
civil liberties. Remind students that
ordinary criminal cases fall under the
jurisdiction of state courts.
OBJECTIVE Create a poster illustrating the executive and judicial branches.
Basic
Have students create one
section of a large poster
that describes the executive
branch. It might include:
• illustrations of the
president, vice-president,
Cabinet members,
and workers in other
departments
• a list of their duties and
responsibilities
280 • The Living Constitution
On Level
Have students create a
section of a poster that
illustrates and describes
the judicial branch. It might
include:
• illustrations of the Supreme
Court and other federal
courts
• a list of their responsibilities
and types of cases they hear
• limits on their power
Challenge
Have students work in a
small group to create a
section of a large poster that
describes the relationship
between the executive and
judicial branches. It should
include checks on the power
of each branch as well as any
ways they work together.
Constitution Handbook
COMPARING
Checks and Balances
EXECUTIVE BRANCH (President)
CHECKS ON COURTS
• Appoints federal judges
• Can grant reprieves and pardons
for federal crimes
CHECKS ON CONGRESS
• Can veto acts of Congress
• Can call special sessions of Congress
• Can suggest laws and send
messages to Congress
JUDICIAL BRANCH (Supreme Court)
CHECKS ON PRESIDENT
• Can declare executive acts
unconstitutional
• Judges, appointed for life,
are free from executive
control
CHECKS ON CONGRESS
• Judicial review—Can
declare acts of Congress
unconstitutional
LEGISLATIVE BRANCH (Congress)
CHECKS ON COURT
• Can impeach and remove
federal judges
• Establishes lower federal
courts
• Can refuse to confirm
judicial appointments
CHECKS ON PRESIDENT
• Can impeach and remove
the president
• Can override veto
• Controls spending of
money
• Senate can refuse to
confirm presidential
appointments and to
ratify treaties
CRITICAL THINKING
1. Why is judicial review an important action of the Supreme Court?
Treason
1. Definition 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.
3
1. to insure that laws passed by Congress
are constitutional
2. Possible Answers: Judicial review
because there is no way for Congress to
appeal or override the court’s opinion;
impeachment because it involves
complete removal from office.
Assessment
MAIN IDEAS
1. What is the main purpose of the judicial branch?
2. What is judicial review?
3. What are two kinds of cases that can begin in the
Supreme Court?
CRITICAL THINKING
4. Draw Conclusions Why might the Supreme Court
feel less political pressure than Congress in making
judgments about the Constitution?
Think about
• the appointment of Supreme Court justices
• Congress members’ obligation to voters
Constitution Handbook 281
ONGOING ASSESSMENT ANSWERS
Main Ideas
1. to interpret laws
2. the power to examine a law and decide whether
it violates the Constitution
3. cases involving the Constitution, national laws,
treaties, and state conflicts
The system of checks and balances is one of
the unique approaches to government that
the Framers created. During the country’s
history, each of the checks has been
important at different times. For example,
presidents have often vetoed legislation
by Congress; Congress has overridden
many vetoes; and the Supreme Court has
found certain legislation and presidential
actions unconstitutional. Presidents and
judges have been impeached, appointments
have been refused, and people have been
pardoned for federal crimes.
CRITICAL THINKING ANSWERS
2. Punishment 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 attained.
Article
COMPARING Checks and Balances
• Which branch of government do you
think is most powerful today? (Possible
Answers: legislative because few bills are
vetoed, executive because there is little
challenge from Congress)
2. Which check do you think is the most powerful? Why?
SECTION 3.
LIVING CONSTITUTION
Critical Thinking
4. Possible Answer: Supreme Court justices are not
elected; they are appointed for life. Therefore,
they do not need to be concerned with winning
voter support for their decisions.
Members of Congress are elected and have a
responsibility to consider voters’ wishes.
4
Assess & Reteach
Assess Have students complete the Section
Assessment.
Unit 3 Resource Book
• Section Quiz, p. 230
Interactive Review
@ ClassZone.com
Power Presentations
Test Generator
Reteach Write each of the two main headings
(“Article 2” and “Article 3”) on the board. Ask
the class to provide bullet points under each
heading and then provide an explanation of
each.
Unit 3 Resource Book
• Reteaching Activity, p. 232
Teacher’s Edition • 281