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03469_00_FM_pi-xxxii pp2.indd - CengageBrain

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Licensed to:<br />

D-10 Documents<br />

SECTION III. Other Powers and Duties of the President<br />

For president’s personal<br />

appearances.<br />

Messages; extra sessions; receiving ambassadors; execution of the<br />

laws. He shall from time to time give to the Congress information<br />

of the state of the Union, and recommend to their consideration<br />

such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene<br />

both houses, or either of them, and in case of disagreement between them, with respect to the<br />

time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive<br />

ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and<br />

shall commission all the officers of the United States.<br />

SECTION IV. Impeachment<br />

See discussion of Presidents<br />

Johnson, Nixon, and<br />

Clinton.<br />

Article III. Judicial Department<br />

Civil officers may be removed by impeachment. The President, Vice<br />

President and all civil officers 1 of the United States shall be removed<br />

from office on impeachment for, and on conviction of, treason, bribery,<br />

and other high crimes and misdemeanors.<br />

SECTION I. The Federal Courts<br />

The judicial power belongs to the federal courts. The judicial<br />

power of the United States shall be vested in one Supreme Court,<br />

and in such inferior courts as the Congress may from time to time ordain and establish. The judges,<br />

both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at<br />

stated times, receive for their services a compensation which shall not be diminished2 See Judiciary Act of 1789.<br />

during their<br />

continuance in office.<br />

SECTION II. Jurisdiction of Federal Courts<br />

1. Kinds of cases that may be heard. The judicial power shall extend to all cases, in law and equity,<br />

arising under this Constitution, the laws of the United States, and treaties made, or which shall<br />

be made, under their authority;—to all cases affecting ambassadors, other public ministers and<br />

consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United<br />

States shall be a party;—to controversies between two or more States;—between a State and citizens<br />

of another State3 ;—between citizens of different States;—between citizens of the same State claiming<br />

lands under grants of different States, and between a State, or the citizens thereof, and foreign states,<br />

citizens or subjects.<br />

2. Jurisdiction of the Supreme Court. In all cases affecting ambassadors, other public ministers<br />

and consuls, and those in which a State shall be a party, the Supreme Court shall have original<br />

jurisdiction. 4 In all the other cases before mentioned, the Supreme Court shall have appellate<br />

jurisdiction, 5 both as to law and fact, with such exceptions, and under such regulations, as the<br />

Congress shall make.<br />

3. Trial for federal crime is by jury. The trial of all crimes, except in cases of impeachment, shall be<br />

by jury; and such trial shall be held in the State where the said crimes shall have been committed; but<br />

1i.e., all federal executive and judicial offi cers, but not members of Congress or military personnel.<br />

2In 1978, in a case involving federal judges, the Supreme Court ruled that diminution of salaries by infl ation<br />

was irrelevant.<br />

3Th e Eleventh Amendment (see below) restricts this to suits by a state against citizens of another state.<br />

4i.e., such cases must originate in the Supreme Court.<br />

5i.e., it hears other cases only when they are appealed to it from a lower federal court or a state court.<br />

Copyright 2<strong>00</strong>9 Cengage Learning, Inc. All Rights Reserved. May not be co<strong>pi</strong>ed, scanned, or duplicated, in whole or in part.

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