AP Syllabus focus:
‘Article III establishes the federal judiciary’s constitutional foundation, outlining the judicial branch and supporting an independent court system within the separation of powers.’
Article III of the U.S. Constitution creates the federal judiciary and sets its basic structure, authority, and protections. It is the constitutional starting point for understanding how courts fit into separation of powers and judicial independence.
Article III’s Core Purposes
Establishing the federal judiciary
Article III formally creates a national judicial branch by:
Vesting the “judicial Power of the United States” in one Supreme Court
Allowing Congress to create “inferior” (lower) federal courts as needed
This design ensures national laws can be interpreted and applied through a federal court system rather than relying solely on state courts.
This infographic depicts the federal judiciary’s three main levels—U.S. District Courts, U.S. Courts of Appeals, and the Supreme Court—highlighting how cases generally move upward through the system. It reinforces Article III’s framework of a constitutionally required Supreme Court plus congressionally created “inferior” courts. Source
Judiciary within separation of powers
Article III helps balance power by making the judiciary a co-equal branch that can resolve disputes involving federal authority, while remaining institutionally distinct from lawmaking and law enforcement.
Structure: Supreme Court and Lower Federal Courts
One Supreme Court, optional lower courts
The Constitution requires a Supreme Court but leaves the creation and organisation of lower federal courts to Congress. That means Congress determines:
Whether and when to create district and appellate courts
The number of judgeships
The geographic and subject-matter structure of lower courts
Judicial independence built into Article III
Article III includes protections meant to reduce political pressure on federal judges.
Judicial independence: The capacity of judges to decide cases based on law and facts, without improper influence from elected officials, political retaliation, or shifting public opinion.
Key constitutional supports include:
Life tenure (“during good Behaviour”) for federal judges, meaning they can serve for life unless removed through impeachment
Protection against salary reduction while in office, limiting financial retaliation by Congress
Jurisdiction: What Kinds of Cases Federal Courts Can Hear
Types of cases listed in Article III
Article III outlines federal judicial power over cases arising under:
The Constitution, federal laws, and treaties
Disputes involving ambassadors and other public ministers
Admiralty and maritime cases
Controversies where the United States is a party
Disputes between states, and between a state and citizens of another state
Disputes involving citizens of different states (a constitutional basis for certain interstate controversies)
This constitutional scope is foundational: it authorises federal courts to hear disputes that implicate national law and interstate or international concerns.
“Cases” and “controversies”
Article III frames judicial power in terms of deciding concrete disputes, not issuing general legal advice. This reinforces the judiciary’s limited role: courts act when a genuine conflict is brought before them through the legal process.
Original vs. Appellate Jurisdiction
Original jurisdiction
Article III gives the Supreme Court original jurisdiction in a narrow set of cases, including those:
Affecting ambassadors and other public ministers
In which a state is a party (as specified by the Constitution)
Appellate jurisdiction (and congressional influence)
Most Supreme Court cases come through appellate jurisdiction, hearing appeals from lower courts.
Article III provides that appellate jurisdiction exists “with such Exceptions, and under such Regulations as the Congress shall make,” linking judicial structure to the broader system of checks and balances.
Article III’s Constitutional Significance
A foundation for an independent court system
By constitutionally establishing the judiciary, defining broad categories of federal jurisdiction, and insulating judges from certain political pressures, Article III supports an independent court system that can operate within (and reinforce) the separation of powers framework.
FAQ
It indicates Congress may shape the Supreme Court’s appellate docket by statute.
This can involve:
Creating procedural rules for appeals
Defining which lower-court decisions are eligible for review
Its boundaries are debated and have been politically contested at various points in US history.
The Framers wanted a national judicial authority but left flexibility for Congress to design the rest.
This allowed adaptation as the country expanded, including:
New judicial districts as states entered the Union
Additional judgeships as caseloads grew
It generally covers legal disputes tied to navigation and shipping (e.g., incidents at sea, certain shipping contracts).
It is federal largely to promote:
Uniform rules for international and interstate commerce
Predictability for trade and diplomacy
Life tenure is conditional on “good Behaviour,” with removal chiefly through impeachment.
The process involves:
Impeachment by the House of Representatives
Conviction by the Senate
This is rare and sets a high threshold for removal.
It reduces the risk that Congress could punish judges financially for unpopular decisions.
Although pay can be increased, the anti-reduction rule helps limit:
Retaliation
Subtle coercion through budgetary pressure
Practice Questions
(1–3 marks) Identify two features of Article III that protect the independence of the federal judiciary.
1 mark: Identifies life tenure during “good Behaviour”.
1 mark: Identifies protection against reduction in judicial salary while in office.
(Maximum 2 marks.)
(4–6 marks) Explain how Article III establishes the role of the federal judiciary within separation of powers. In your answer, refer to (a) the structure of the federal court system and (b) the scope of federal jurisdiction.
1 mark: Explains that Article III vests judicial power in one Supreme Court and permits Congress to create inferior courts.
1 mark: Links structure to separation of powers (judiciary as a distinct, co-equal branch deciding legal disputes).
1 mark: Describes at least one category of federal jurisdiction (e.g., cases arising under the Constitution/federal laws/treaties).
1 mark: Describes another jurisdictional category (e.g., disputes between states, admiralty, cases involving ambassadors, US as a party).
1–2 marks: Explains how defining jurisdiction supports the judiciary’s constitutional role (e.g., ensuring national uniformity and adjudicating federal/interstate matters rather than policy-making).
(Maximum 6 marks.)
