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Proposed New Constitution

A New Constitution for The United States of America       The United States of America flag       We The People New


Article III.

    SECTION 1.   The Federal Judiciary

    1.  The judicial power of the United States shall be vested in one Supreme Court of no less than nine nor more than eleven justices, and in such subordinate courts as the Congress may from time to time establish.  No President shall nominate and appoint more than two justices of the Supreme Court.

    2.  The judges both of the Supreme and the subordinate courts, shall hold their offices during good behavior and sound capacity; and shall receive for their services a fair compensation which shall be no less than the median national income plus twenty-five percent nor more than twice that amount, and which shall not be diminished during their continuance in office.

    3.  The Congress shall provide facilities and full support for the federal judiciary commensurate with the dignity and the efficient functioning of a model system of justice for the United States.

    4.  The Senate shall promptly act on any vacancy in the federal judiciary, and shall confirm or reject any candidate nominated by the President together with a detailed statement of the reason for the rejection if that be the result.  Any candidate not acted upon in a floor vote within three months of nomination shall be deemed confirmed for the post.

    SECTION 2.   Judicial Powers and Jurisdiction

    1. The judicial power shall extend to all cases in law and equity arising under the 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; and between a State, or the citizens thereof, and foreign States, citizens, or subjects.  The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

    2.  In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a 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.

    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.

    SECTION 3.   Limits on Judicial Powers

    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.  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.

    2.  In cases accepted by the Federal Judiciary involving constitutional challenges to acts of Congress or orders of the Executive Branch that have been affirmed by the People, due deference shall be afforded to the People's will. Such acts or orders shall be overturned only in such cases as there has been a showing of clear and convincing proof of a violation of the rights of equal protection to an identifiable minority.

    3.  The decisions of the Supreme Court shall be final as to all cases and controversies in which it shall render a judgement.  Any judgement that the Court shall designate as having weight of precedence in the evaluation of future matters will, however, be submitted to a citizen referendum by the People in the same manner as the orders of the Executive and the acts of the Congress.  In the event that two thirds of the voters shall decline to accept the decision of the Court as precedent, it shall not be cited in any subsequent proceeding of the Federal Judiciary, and shall be limited to the particular facts of the matter decided.

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Last updated on December 4, 2012