Article III Judicial Branch

• Section 1 Vesting Clause
  • Overview of the Judicial Vesting Clause
  • Historical Background of Judicial Review
  • Marbury v. Madison and Judicial Review
  • Inherent Powers of Federal Courts
    • Overview of Inherent Powers of Federal Courts
    • Inherent Powers over Judicial Procedure
    • Inherent Powers over Contempt and Sanctions
    • Inherent Power to Issue Judgments
  • Congressional Control over Judicial Power
    • Overview of Congressional Control over Judicial Power
    • Reopening Final Judicial Decisions
    • Imposing Non-Adjudicatory Functions on Courts
  • Federal and State Courts
    • Introduction to the Relationship Between Federal and State Courts
    • Historical Background on the Relationship Between Federal and State Courts
    • Doctrine on Federal and State Courts
    • State Court Jurisdiction to Enforce Federal Law
    • Supreme Court Review of State Court Interpretations of Federal Law
    • Limits on State Court Control of Federal Proceedings
    • Federal Non-Interference with State Jurisdiction
    • Exhaustion Doctrine
    • Habeas Review
  • Supreme Court Rulings
    • Overview of Supreme Court Rulings
    • Stare Decisis
      • Historical Background on the Stare Decisis Doctrine
      • Stare Decisis Doctrine: Current Doctrine
        • The Stare Decisis Doctrine Generally
        • Stare Decisis Factors
    • Retroactivity of Supreme Court Decisions
      • Overview of Retroactivity of Supreme Court Decisions
      • Retroactivity of Criminal Decisions
      • Retroactivity of Civil Decisions
  • Congressional Power to Establish Article III Courts
    • Overview of Establishment of Article III Courts
    • Historical Background on Establishment of Article III Courts
    • Congressional Power to Establish the Supreme Court
    • Establishment of Inferior Federal Courts
    • Congressional Power to Abolish Federal Courts
    • Congressional Power to Establish Courts of Specialized Jurisdiction
  • Congressional Power to Establish Non-Article III Courts
    • Overview of Congressional Power to Establish Non-Article III Courts
    • Congressional Power to Structure Legislative Courts
    • Supreme Court Review of Legislative Court Decisions
    • District of Columbia and Territorial Courts
    • Non-Article III Military Courts
    • Legislative Courts Adjudicating Public Rights
    • Article I Adjuncts to Article III Courts
    • Bankruptcy Courts as Adjuncts to Article III Courts
    • Consent to Article I Court Jurisdiction
  • Federal Judiciary Protections
    • Overview of Federal Judiciary Protections
    • Good Behavior Clause
      • Overview
      • Historical Background
      • Doctrine and Practice
    • Compensation Clause
      • Historical Background of the Compensation Clause
      • Compensation Clause Doctrine and Practice
• Section 2 Justiciability
  • Clause 1 Cases and Controversies
    • Overview of Cases and Controversies
    • Historical Background
    • Overview of Admiralty and Maritime Jurisdiction
    • Historical Background on Admiralty and Maritime Jurisdiction
    • Rules of Justiciability and the Case or Controversy Requirement
      • Overview
      • Historical Background
    • Advisory Opinions
      • Overview of Advisory Opinions
      • Advisory Opinion Doctrine and Practice
      • Advisory Opinions and Declaratory Judgments
    • Adversity Requirement
      • Overview of Adversity Requirement
      • Early Adversity Doctrine
      • Modern Adversity Doctrine
        • Intra-Branch Litigation
        • Challenges to Statutes that the Executive Branch Agrees are Unconstitutional
    • Standing
      • Overview of Standing
      • Early Standing Doctrine
      • Standing Doctrine from 1940s to 1970s
      • Taxpayer Standing
      • Standing of Federal and State Legislators
      • Congressional Control of Standing
      • The Lujan v. Defenders of Wildlife Test
        • Overview of the Lujan Test
        • Concrete Injury
        • Particularized Injury
        • Actual or Imminent Injury
        • Causation
        • Redressability
      • Representational Standing
        • Overview of Representational Standing
        • Associational Standing
        • States and Parens Patriae
        • Assignees of a Claim
        • Agency and Standing
        • Overbreadth Doctrine
      • Prudential Standing
        • Overview of Prudential Standing
        • Zone of Interests Test
        • Third Party Standing
        • Generalized Grievances
    • Ripeness
      • Overview of Ripeness Doctrine
      • United Public Workers and Ripeness
      • Abbott Laboratories Trilogy and Ripeness
      • The Ripeness Doctrine Since 1967: Overview
      • Fitness and Ripeness
      • Hardship and Ripeness
      • Contexts in Which Ripeness Arises
      • Administrative Law and Ripeness
      • Criminal Statutes and Ripeness
      • Takings and Ripeness
      • Continuing Vitality of Ripeness Doctrine
    • Mootness
      • Overview of Mootness Doctrine
      • Early Mootness Doctrine
      • Modern Mootness Doctrine
      • General Criteria of Mootness
      • Exceptions to Mootness Overview
      • Voluntary Cessation Doctrine
      • Capable of Repetition, Yet Evading Review
      • Criminal Cases and Mootness
      • Class Action Litigation and Mootness
    • Political Questions
      • Overview of Political Question Doctrine
      • Marbury v. Madison and Political Question Doctrine
      • Luther v. Borden and the Guarantee Clause
      • From Coleman v. Miller to Baker v. Carr
      • Modern Political Question Doctrine
      • Foreign Affairs as a Political Question
      • Congressional Governance as a Political Question
      • Impeachment and Political Questions
      • Political Process, Elections, and Gerrymandering
      • Evolving Doctrine on Partisan Gerrymandering
      • Nonjusticiability of Partisan Gerrymandering Claims
    • Constitutional Avoidance Doctrine
      • Overview of Constitutional Avoidance Doctrine
      • The Judicial Branch in the Constitutional Framework
      • The Counter-Majoritarian Difficulty
      • Ashwander and the Rules of Constitutional Avoidance
      • Judicial Minimalism
      • The Last Resort Rule
      • The Constitutional-Doubt Canon
    • Federal Question Jurisdiction
      • Overview of Federal Question Jurisdiction
      • Historical Background of Federal Question Jurisdiction
      • Constitutional and Statutory Grants of Federal Question Jurisdiction
      • Substantive Claims and Defenses in Federal Question Cases
      • Removal from State Court to Federal Court
      • Supplemental Jurisdiction
    • Doctrine and Practice
      • Federal Admiralty and Maritime Jurisdiction Generally
      • Territorial Extent of Admiralty Jurisdiction
      • Jurisdiction over Categories of Admiralty Cases
      • Torts Committed on Navigable Waters
      • Maritime Contracts or Services
      • Exclusivity of Federal Admiralty and Maritime Jurisdiction
    • Cases to Which the United States is a Party
      • Overview of Cases to Which the United States is a Party
      • Right of the United States to Sue
      • Suits Against States
      • Suits Against the United States
    • Controversies Between Two or More States
      • Background on Controversies Between Two or More States
      • Boundary Disputes Between States
      • Modern Suits Between States
      • Cases Where the Court Has Declined Jurisdiction
      • Enforcement Authority
    • Controversies Between a State and Citizens of Another State
      • Historical Background on Controversies Between a State and Citizens of Another State
      • Jurisdiction Confined to Civil Cases
      • The State’s Real Interest
    • Diversity Jurisdiction
      • Overview
      • Historical Background
      • Citizens of Different States and Diversity Jurisdiction
      • Citizenship of Natural Persons and Corporations
      • Insufficient or Manufactured Diversity
      • State Law in Diversity Cases and the Erie Doctrine
      • Conflicts-of-Law and Procedural Rules in Diversity Cases
      • Land Grants by Different States
      • Controversies Between a State or its Citizens and Foreign States or Citizens
        • Overview of Controversies with Foreign States or Citizens
        • Suits Involving Foreign States
        • Limitations on Jurisdiction
  • Clause 2 Jurisdiction
    • Overview of Supreme Court Jurisdiction
    • Supreme Court Original Jurisdiction
    • Original Cases Affecting Ambassadors, Public Ministers, and Consuls
    • Supreme Court Appellate Jurisdiction
    • Supreme Court Review of State Court Decisions
    • Exceptions Clause and Congressional Control over Appellate Jurisdiction
  • Clause 3 Trials
    • Jury Trials
• Section 3 Treason
  • Clause 1 Meaning
    • Historical Background on Treason
    • Levying War as Treason
    • The Burr Trial
    • Aid and Comfort to the Enemy as Treason
  • Clause 2 Punishment for Treason
    • Punishment of Treason Clause