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¶ … U.S. Constitution
Between 1777 and 1786, the Articles of Confederation determined what the federal government could and could not do (School of Law, n.d.). The Articles provided no authority for tax collection or regulation of commerce, a situation that left the states to fend for themselves amidst the often chaotic efforts to compete against one another. Without tax revenues, the federal government had no way to pay soldiers fighting in the Revolutionary War and many states ignored requests for financial contributions to the war effort. To resolve this issue, state representatives convened in Philadelphia to hammer out the U.S. Constitution, establish an executive and legislative branch for the federal government, and confer coercive power in order to enforce tax codes and interstate commerce regulations.
A third branch of the government, a federal judiciary, was also created during the Constitutional Convention in Philadelphia (Federal Judicial Center, n.d.). The Founding Fathers were only interested in establishing a Supreme Court, which left the issue of lower federal courts to be decided at a future date. The Justices were to be given tenure based on continued good behavior and a protected salary, which would create a political barrier between the judicial and the executive...
The wording establishing the federal judiciary was contained in Article III of the Constitution.
Article III has three sections (Federal Judicial Center, n.d.). The first section established a Supreme Court for the United States government and allowed leeway for Congress to establish lower federal courts. Section 1 prevents expulsion of Supreme Court Justices and lower court judges from their positions, as long as they conduct themselves appropriately. The salaries of Justices and judges are also protected as long as they remain in office, which must be paid in a timely fashion.
Section 2 of Article III describes the jurisdiction conferred to the federal judiciary, which includes everything the federal government could become involved in (Federal Judicial Center, n.d.). The federal judiciary was tasked with adjudicating disputes between states and citizens of states, determining the meaning and execution of treaties, and hearing cases involving the admiralty and maritime disputes. Section 2 also states that the Supreme Court will be the most senior body in the federal judiciary and can therefore hear appeals from the lower courts. Interestingly, Section 2 states that all criminal cases will be tried in front of a jury and in the state…
References
Federal Judicial Center. (n.d.). History of the Federal Judiciary. Landmark Judicial Legislation: Constitution of the United States, Article III. Retrieved from http://www.fjc.gov/history/home.nsf/page/landmark_01.html.
Heritage Foundation. (2012). Punishment of Treason. Retrieved from http://www.heritage.org/constitution/#!/articles/3/essays/120/punishment-of-treason.
School of Law. (n.d.). The Constitutional Convention of 1787. University of Missouri, Kansas City. Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/convention1787.html.
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