Article III: The federal courts

Article III creates the Supreme Court and lets Congress create lower federal courts. It's where judicial review comes from, though the words "judicial review" never appear. It also sets the rules that decide whether you can get into federal court at all, which matters if you ever want a federal judge to look at something the city did.

Section 1: The judicial power and judges' independence

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.

Source: National Archives transcription Verified1

What it says. The judicial power belongs to one Supreme Court and lower courts Congress creates. Judges "hold their Offices during good Behaviour" and get pay that "shall not be diminished during their Continuance in Office."

Why it's there. The Declaration of Independence complained that the King made judges "dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries" Verified2. Life tenure and protected pay fix both problems.

How courts read it. Congress can't hand core judicial power to judges without these protections. In 2024 the Court held that when the SEC seeks civil penalties for securities fraud, the defendant is entitled to a jury in a real court, not an in-house agency hearing (Securities and Exchange Commission v. Jarkesy, 603 U.S. 109 (2024)) Verified3. That case rests on the Seventh Amendment and Article III together; see Amendment 7.

Section 2: What federal courts can hear

[Clause 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.

[Clause 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.

[Clause 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.

Source: National Archives transcription Verified1

Changed. Clause 1: Changed. The Archives notes that "Article III, section 2, of the Constitution was modified by amendment 11." Federal courts no longer hear suits against a State by citizens of another State or of a foreign country. Verified1,4

Clause 1, the nine kinds of cases. Federal judicial power reaches cases arising under the Constitution, federal laws and treaties; cases involving ambassadors; admiralty; controversies where the United States is a party; between two or more states; between a state and citizens of another state (cut back by the Eleventh Amendment Verified4); between citizens of different states; between citizens of the same state claiming land under grants of different states; and between a state or its citizens and foreign states or people.

Clause 2, original and appellate jurisdiction. The Supreme Court hears a few kinds of cases first (those involving ambassadors and those where a state is a party). In everything else it hears appeals, "with such Exceptions, and under such Regulations as the Congress shall make."

Clause 3, jury trial for crimes. "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury," held in the state where the crime was committed.

Marbury v. Madison: judicial review

In 1803 William Marbury sued for a commission as a justice of the peace that the outgoing administration had signed but not delivered. Chief Justice Marshall held Marbury had a right to it, but that the statute giving the Supreme Court power to hear his case directly conflicted with Article III's limits on original jurisdiction. Faced with a conflict, the Court followed the Constitution: "It is emphatically the province and duty of the judicial department to say what the law is" (Marbury v. Madison, 5 U.S. 137 (1803)) Verified5.

Supreme over state courts too

• In 1816 Virginia's highest court refused to follow a Supreme Court ruling, claiming the Court had no power to review state courts. The Supreme Court rejected that and reviewed the case anyway (Martin v. Hunter's Lessee, 14 U.S. 304 (1816)) Verified6.
• In 1958, after Arkansas officials resisted school desegregation, all nine justices signed an opinion holding that state officials are bound by the Court's interpretation of the Constitution, quoting Marbury and Article VI's "supreme Law of the Land" (Cooper v. Aaron, 358 U.S. 1 (1958)) Verified7.

Standing: getting into court

"Cases" and "Controversies" means federal courts don't give advice. A plaintiff must show "the irreducible constitutional minimum of standing": an "injury in fact" that is concrete and particularized, caused by the defendant, and likely to be fixed by a favorable decision (Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)) Verified8.

In Williams. Being upset about a city ordinance isn't standing. Being cited under it, fined, refused a permit, or having your water shut off is. That's why the Williams lesson keeps saying a challenge usually comes from someone actually affected.

Section 3: Treason

[Clause 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.

[Clause 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.

Source: National Archives transcription Verified1

Treason "shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." Conviction needs "the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." The narrow definition is deliberate: English kings had used vague treason charges against critics. The Court enforced the two-witness rule strictly in Cramer v. United States (1945), reversing a conviction (Cramer v. United States, 325 U.S. 1 (1945)) Verified9. Congress sets the punishment, but punishment can't extend to the traitor's family ("no Attainder of Treason shall work Corruption of Blood").

How it reaches Williams

Article III doesn't govern California's courts, which are created by California's Article VI. It matters to you in three ways:

1. You can sue a city in federal court over a federal constitutional violation, usually under the federal civil-rights statute 42 U.S.C. §1983. Cities are "persons" under that law when the violation comes from their own policy or custom (Monell, covered in Amendment 14) Verified10.
2. You need standing to do it Verified8.
3. Every judge in California is bound by the U.S. Supreme Court's reading of the federal Constitution Verified7.

In Williams

Before you think about court: most disputes with the city start with an administrative hearing, then a California superior court appeal. For example, state law lets you appeal a city's final decision on an administrative fine to superior court, where it's "heard de novo" Verified11. Federal court is for federal constitutional claims, and a federal court will expect you to have standing and, in some situations, to have used state procedures first.

Common misconceptions

• "The Constitution says courts can strike down laws." It doesn't say so in words. Marbury reasoned it from the Constitution's status as supreme law Verified5.
• "Anyone can sue to stop an unconstitutional law." You need standing Verified8.
• "Treason means betraying the country." Legally it means only levying war against the U.S. or aiding its enemies, proven by two witnesses to the same act or confession in open court Verified1.
• "Federal judges serve for life no matter what." They serve "during good Behaviour" and can be impeached and removed.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.