The Constitution - Article III

Article III, giving us information on the Judicial branch of government, is shorter than the sections on both Executive and Legislative. Part of this is a reminder that it is not only through the Constitution that things can be set forth.

For example, Article III tells us that there is a Supreme Court, and we know from Section 3 of Article I that there is a Chief Justice, but the number of justices is not given. We all know it's nine, it's been that way for as long as we can remember, but what we may not know is that the number is set in the United States Code (Title 28, Section 1).
 

One thing that is interesting is that Section 1 also refers to inferior courts that Congress can establish. Much of the legal system passes through county courthouses, and there is an appeals process there to state courts. However, there is also the a federal court system. It was something that I knew, but did not really think about until I was called to jury duty that was not reporting to the Washington County Courthouse, like I was used to, but instead to U.S. District Court in Downtown Portland.

Section 1 also refers to good behavior by the office holders, though it possibly could have used more teeth. Scalia was criticized for accepting travel on a private jet, and there have been similar criticisms of other justices, but there never seems to be any follow-up, and even in the inferior courts there is a fair amount of abuse that can happen. It is fair to say that the checks in place to balance the different branches may be less effective here.

Section 2 goes over the jurisdiction in cases. Cases that deal with maritime law, a conflict between states, or ambassadors - so often cases where there could be a question about what state or country would have authority, then it belongs under federal law. There is also the option for cases that have come up through the local systems to appeal to the federal courts. The ability to quickly settle which court will hear a case was something that could only help harmony between the states, which was one of the problems with the Articles of Confederation.

Section 2 also states that trial shall be by jury, unless for impeachment, and that trials will be within the state where the crime was committed, but still with a provision for if the crime was not committed within any specific state. (This is one good reason for the specific references to maritime law.)

Finally Section 3 gives some further definition on treason, both for what constitutes treason and the burden of proof. There must be two witnesses confirming the action, and it only consists of making war or giving aid or comfort to enemies. With the Revolutionary War so fresh in memory for the framers, it must have been important to specify that criticism of or disagreement with the government was not in itself treason. Those values would show through more in the drafting of the Bill of Rights.