The Solution – Part 5

Courts and Judiciary

This is only an example of clauses to be included within the constitution and by no means complete;

Section 1

The judicial Power of ___________, shall be vested in one (appellate or supreme)  Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the (appellate or supreme) and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. All elected judges by the will of the people shall have 2 terms of no more than 5 years. (Appellate courts shall entertain only new exculpatory evidence or error made in the original decision.)

Section 2

The judicial Power shall extend to all Cases, in Common Law and Equity, arising under this Constitution, the Laws of _______________, and Treaties made, or which shall be made, under their Authority. Supreme Law of the Land.

To all cases of maritime Jurisdiction shall be separate courts under that jurisdiction.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a _____________ shall be Party, the _____________ Court shall have original Jurisdiction. In all the other Cases before mentioned, the ____________ Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the ___________ where the said Crimes shall have been committed; but when not committed within any _____________, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

Treason against _________________, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No man or woman 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.

Section 4

Full Faith and Credit shall be given in each ___________ to the public Acts, Records, and judicial Proceedings of every other ________________. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 5

The people of each ___________ shall be entitled to all Privileges and Immunities of peoples in the _____________.

A man or woman charged in any __________ with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another ___________, shall on Demand of the executive Authority of the ____________ from which he/she fled, be delivered up, to be removed to the _____________ having Jurisdiction of the Crime.

Section 6

__________________ shall guarantee to every man and woman in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

It is the will of the people to decide if judges will be appointed or elected and clauses within the constitution will reflect that.