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POC Separation of Church and State Newsletter #7

What does the US Constitution say about judicial authority?

Article. III, Section. 1:

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, ..."

Section. 2.

Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their [Constitutional] Authority; ...

Clause 2: ... In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, ... with such Exceptions, and under such Regulations as the Congress shall make. (Emphasis added)

The most important things to remember are:

  • The Constitution only confers judicial power to the courts.
  • The Judiciary has NO legislative power.
    Article. I, Section 1, (the 1st sentence of the Constitution) says:
    All legislative Powers herein granted shall be vested in a Congress of the United States, ...
  • Just like legislative powers above are restricted to those herein granted,
  • Judicial Power extends to cases arising under this Constitution.
  • Federal judicial power is not conferred to cases NOT covered under the Constitution.
  • Federal laws and treaties shall be made under constitutional authority - no authority - no law - no treaty!
  • The Constitution establishes the Supreme Court.
  • Congress establishes the lower courts.
  • Congress establishes regulations, and sets such exceptions for court rulings as they see fit.
  • Judges, "...shall hold their Offices during good Behaviour, ..."
  • Exceeding their authority, or violations of their oath to protect and defend the US Constitution should be considered a violation of good behavior.

This information needs to be thoroughly understood in order to be able to hold our elected and appointed officials accountable through the proper interpretation of our Constitution.

The next few newsletters will go into more detail in supporting the above conclusions by reviewing additional historic documents, definitions, and founder quotes. They will also cover remedies for Constitutional violations.

Useful Sites:

Webster's 1828 Dictionary


Project Vote Smart

Mike Riddle - Creation Science

Answers In Genesis

Institute for Creation Research

US Constitution

Amendments to the Constitution

Declaration of Independence

Thomas - Legislative info 


Find Law for U.S. Supreme Court cases

Find Law for US Federal and State Laws

Official US Time

Post a Blogg


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