ARTICLE III
Judicial Department
Summary: Judicial power is vested in a Supreme Court and enough inferior courts to prevent overloading the Supreme Court and for convenience to the people. Judicial power extends to all cases arising from controversies arising under this Constitution and laws of the land. However, it does not extend to cases involving suits against a Sub-domains by citizens of another or by citizens or subjects of any foreign state.
Supreme Court decisions are subject to override by the objection of two-thirds of Sub-domain supreme courts.
In this and other sections, Domain is a generic term used to represent the government in point--a Nation, State, Province, County, City, or Town. Sub-domain represents a semi-autonomous region within the Domain; for example, a State is a Sub-domain of a Nation, a County or large city is a Sub-domain of a State, and so forth.
Article III, Sections
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Section III.1.
Domain Courts
Summary: Judicial power is vested in a Supreme Court and enough inferior courts to prevent overloading the Supreme Court with cases and for convenience to the people. Justices hold their office during good behavior and receive a steady compensation, enabling them to work independent of the other branches of government without fear of reprisal.
III.1.1. Judicial Power Vested: The judicial power of the [Domain] shall be vested in one Supreme Court of the [Domain], and in such inferior courts as the [Legislature] may from time to time ordain and establish. (U.S.C. III.1)
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> Judicial power is the power to dispense judgment and has neither force nor will.
> A system of courts is created so the people can have most of their disagreements resolved without having to appeal to the Supreme Court or to travel far for a hearing.
> Establishing inferior courts prevents overloading the Supreme Court with cases.
> Very small Domains may need only one court, or they could contract with their neighbors or a higher Domain for judicial services.
III.1.1. (Cont.) The justices of the Supreme Court and judges of inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
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> Judges may serve for life if they serve with honor.
> They are, theoretically, free from intimidation and threats or bribes from the administration. Their term and salary cannot be changed if they displease the President or the administration.
> The requirement that judges' salaries cannot be diminished during their term in office, must be adjusted if paid in fiat cuirrency to maintain a consistent real value.
Section III.2.
Jurisdiction
Summary: Judicial power extends to all cases arising under this Constitution and laws of the Domain, also to controversies between two or more Sub-domains and between citizens of different Sub-domains.
The Supreme Court has original jurisdiction over cases between Domain ministers and a Sub-domain. In all other cases it has appellate jurisdiction, although the Legislature can make exceptions.
III.2.1. Judicial Power Defined: The judicial power shall extend to all cases, in law and equity, arising under this Constitution and the laws of the [Domain], or which shall be made under their authority; to controversies between two or more [Sub-domains], between a [Subdomain] and citizens of another [Sub-domain], and between citizens of different [Sub-domains]. (U.S.C. III.2.1.)
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> This clause enables the people to appeal to the courts whenever they feel they have been wronged or injured. It also assures that the Domain's laws are fairly interpreted, and the people and Sub-domains are protected from errant lawmaking.
> Judicial power is limited to cases relating to powers granted by this Constitution and to laws passed by the Domain Legislature. It does not extend to interpreting the Constitution or laws beyond their intended meaning.
> Nor does judicial power extend to cases arising from internal Sub-domain cases, except appellate cases involving the Domain's Constitution and laws made under its authority.
> However, judicial power does extend to all cases within its jurisdiction, whether it involves points of law, fact or equity.
> The Court supports the Domain by enforcing its laws and protecting its officers while on duty. Its officers are not, however, exempt from the laws of the Sub-domain where they work.
> The general rule is: If a matter involves more than one Sub-domain, the Domain has jurisdiction.
III.2.2. Supreme Court: In all cases affecting public ministers and consuls, and those in which a Sub-domain 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, with such exceptions and under such regulations as the [Legislature] shall make. (U.S.C. III.2.2)
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> The Supreme Court serves as the final arbiter of appeals and uniformly interprets the laws.
> Sub-domain authorities, as well as individuals, have access to the Supreme Court when they have a dispute with the laws of the Domain.
> Appellate jurisdiction does not extend to reviewing Sub-domain court decisions, except in cases involving violation of the people's rights to life, liberty, property and equal protection of the laws.
III.2.3. Trial by Jury: The trial of all crimes, except in cases of impeachment, shall be by jury; in suits of common law, where the value of the controversy shall exceed [the lesser of the value of two ounces of fine gold or Four Thousand year-2000 dollars], the right of trial by jury shall be preserved (Amend VII, adjusted to fit modern conditions); and no fact tried by a jury shall be otherwise reexamined in any court of the [Domain], than according to the rules of common law; and such trial shall be held in the [Sub-domain] where the said crimes shall have been committed; but when not committed within any [Sub-domain], the trial shall be at such place or places as the [Legislature] may by law have directed (U.S.C. III.2.3.).
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> Persons accused of a crime have the right of trial by jury, which gives them protection against an oppressive government and unjust judges.
> Jurors usually render a decision on the facts of a case. However, they may also rule on whether the law is reasonable and just, by giving a not guilty verdict if they consider it unjust, even if the accused is guilty of a lesser crime. This practice is termed jury nullification.
> An accused person may request a jury trial if the value of the controversy is large.
> Facts found in a case tried by a jury must remain unchanged during appeal. And the jury's findings cannot be altered by a trial judge or appellate court, unless an error of law was committed during the trial; if so, a re-hearing could be ordered.
> Common law--the weight of former legal decisions--cannot, however, circumvent constitutional law.
> Trials must be held close to home, where an accused person can have family and witnesses attend with the least amount of trouble and expense.
> If a crime is committed outside of a Sub-domain, the Legislature can designate where to hold a trial.
Section III.3.
Restraints on Judicial Powers
Summary: There may be occasions when a Domain government disagrees with Sub-domain's internal policies or practices. In most cases, this will lie outside the Domain's jurisdiction. The Domain, therefore, must never resort to physical force, force of law or taxation to interfere with a Sib-domain's sovereignty, except to protect the natural rights of its citizens. To do more than this would erode the federal character of the Republic and trend toward nationalism and centralized, autocratic power. The provisions of this section give added assurance that Domain courts will not overstep their sacred duty to preserve citizens' natural rights and Sub-domain autonomy.
The Court has a duty to render decisions that comply with the Constitution and strike down errant legislation. It is barred from interfering with suits filed by individuals against Sub-domains, and from exercising will instead of judgment. A super-majority of Sub-domain Supreme Courts may nullify or reverse bad decisions rendered by the Domain's Supreme Court, in cases wherein a Sub-domain or the people are a party.
III.3.1. Judicial Powers Limited: The judicial power of the Domain shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the [Sub-domains] by citizens of another [Sub-domain], or by citizens or subjects of any foreign state (U.S.C. Amend. XI); [and shall not extend beyond the original intent of the Constitution and laws made under its authority.]
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> The first part of this clause protects Sub-domain sovereignty by keeping Domain courts from interfering in cases brought by individuals against a Sub-domain.
> The second part enjoins the courts to limit their opinions to the Constitution and laws as intended.
> Laws that conflict with provisions of the Constitution should be declared unconstitutional by the courts.
> Bad laws that do not conflict with provisions of the Constitution should be repealed or amended by the Legislature.
> Bad provisions of the Constitution should be amended as described in Article V.
III.3.2. Judicial Decisions Subject to Sub-domain Override: [Upon majority vote of two-thirds of Sub-domain Supreme Courts during any two-year period, Sub-domains may override a majority opinion rendered by the Domain Supreme Court or an unfavorable opinion rendered by a lower court let stand by the Supreme Court. The Sub-domain's override shall not be the subject of litigation or review in any Domain or Sub-domain court, or oversight or interference by the Legislature or President.]
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> Even the best of tribunals err from time to time. This provision is designed to correct errors and is a check against the Domain judiciary overreaching its constitutional authority.
> Because the Domain is the child or creature of the Sub-domains, they have the right and responsibility of reviewing harmful decisions rendered by the Domain.
> Bad justices can be impeached, bad laws repealed or amended by the Legislature, and bad decisions annulled or reversed by Sub-domain courts. The Domain judiciary is therefore under scrutiny by both Domain and Sub-domain authorities.
Section III.4.
Additional Powers of the National Judiciary
Summary: The National Judiciary has additional power to try cases in both law and equity that arise from treaties; to those involving ambassadors, foreign ministers and counsels; and, to cases of admiralty, space and maritime jurisdiction.
The National Supreme Court has original jurisdiction over cases involving ambassadors,ministers and counsels of foreign powers, and to all cases of general military officers abroad, and maritime and space jurisdiction.
III.4.1. Additional Judicial Powers of a Nation: [The judicial powers of the Nation shall extend] to all cases in law and equity affecting Treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, [foreign] ministers and counsels; [and], to all cases of [general military officers abroad], and maritime [and space] jurisdiction. (U.S.C. III.2.1.)
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> If a person or entity objects to the terms of a treaty or agreement made by the National government, the objection may be heard in a National court.
> High officials of foreign governments have access to the Nation's courts to decide cases involving their governments. If they have a controversy with the Domain, they have access to the Supreme Court. This courtesy shows respect to foreign governments and may preempt problems were a lower court to hear the case.
> Resolving problems with foreign governments in the National courts, rather than piecemeal in state and local courts gives uniform interpretation of the laws and supports good international relations.
> Cases involving highest military officers abroad including naval officers at sea, lie outside the normal jurisdiction of a Sub-domain and fall under the National government's authority.
Section III.5.
Treason Defined
Summary: Treason is defined as levying war against the Nation or giving aid and comfort to its enemies during a time of war. Only the Legislature of a Nation can prescribe the punishment for treason. Punishment is limited to the life and property of the accused during his or her lifetime and cannot extend to heirs or assigns.
III.5.1. Definition of Treason: Treason against the [Domain] shall consist only in levying war against the [Domain], or in adhering to [its] enemies, giving [it] aid and comfort. No person shall be convicted of treason unless on the testimony of two witness to the same overt act, or on confession in open court. (U.S.C. III.3.1.)
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> Treason is limited to these two offenses, and only during a time of war. It is narrowly defined to prevent the Domain from abusing people whose opinions differ from the views of those in power.
> Treason is a crime against the Nation; a Sub-domain cannot charge a person of treason.
> Only when war has been declared by the Legislature of the Nation, can a person be charged with treason.
> Two witnesses of an overt act are required to convict a person of treason. Just thinking or talking about it cannot make a person guilty of it. Planning a riot or rebellion, on the other hand, could be treason.
III.5.2. Punishment for Treason: The Legislature 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 attained. (U.S.C. III.3.2.)
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> Only the Legislature can prescribe the punishment for treason. The executive cannot prescribe it.
> The extent of punishment for treason is limited. Relatives or heirs cannot be punished for a person's traitorous acts. Property seized during the person's life must be returned to his or her heirs or assigns upon death. This clause removes the temptation for the President to declare a person treasonous in order to confiscate his or her property, or the property of heirs or assigns.
> Of course, if the relatives or heirs were co-conspirators, they could be tried and punished.