Article III, Hypothetical New-World Constitution

Article III. The Judiciary.

Section 1a. The civil judicial power of the State shall be vested in a Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. Judges of civil law shall be styled arbiter. Arbiters, both of the Supreme and 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.

1b. The civil judicial power shall extend to all cases, in law and equity, arising under this Constitution, the civil laws of the State, and treaties made, or which shall be made, under its authority; To all cases affecting ambassadors, other public ministers and consuls; To all cases of admiralty and maritime jurisdiction; To controversies to which the State shall be a party; To controversies between two or more inferior governing bodies; between the citizens of the State and foreign states, citizens or subjects.

1c. In all civil cases affecting ambassadors, other public ministers and consuls, and those in which the State shall be party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact.

1d. In Suits at common law, where the value in controversy shall exceed an amount to be determined by law, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the State, than according to the law.

Section 2a. The criminal judicial power of the State shall be vested in a Court of Criminal Appeals, and in such inferior courts as the Congress may from time to time ordain and establish. Judges of criminal law shall be styled magister. Magisters, both of the Court of Criminal Appeals and 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.

2b. The criminal judicial power shall extend to all cases in, in law and equity, arising under the criminal code of the State, and the Court of Criminal Appeals shall be the final court of appeal for all those indicted and charged under the same. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the district where the said crimes shall have been committed, but when not committed within any district, the trial shall be at such place or places as Congress may by law have directed.

2c. In all criminal cases affecting ambassadors, other public ministers and consuls, the Court of Criminal Appeals shall have original jurisdiction. In all other cases before mentioned, the Court of Criminal Appeals shall have appellate jurisdiction, both as to law and fact.

2d. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

2e. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

2f. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

2g. The enumeration within these articles, of certain rights shall not be construed to deny or disparage others retained by the People.

Section 3a. The power of review shall be vested in a Court of Review. Judges of review shall be styled justice. Justices of the Court of Review 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.

3b. The power of review shall not be construed to extend to any cases but those bills referred to the Court for review by the several Executive officers. The Court of Review shall be the final arbiter of matters concerning the conformity of these bills to the articles herein. Upon request by the Chair of the Common Council, the President of the Senate, or the President pro tempore of the Senate, the Chief Justice of the Court of Review shall issue an advisory opinion concerning the conformity of any proposed legislation to this Constitution, but that opinion shall not be construed to be final arbitration in this respect.

Section 4a. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

4b. 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.

4c. No person shall be a Councilor or Senator in Congress, or elector of Governor General and Lieutenant Governor, or hold any office, civil or military, under the State, who, having previously taken an oath, as a member of Congress, or as an officer of the State, or as a member of any inferior government, or as an executive or judicial officer of thereof, to support the Constitution of the State, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two thirds of each House, remove such disability.