Article VI (6) of the Constitution of the Nation of Pacifica

Judicial Branch

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Article VI (6) of the Constitution of the Nation of Pacifica

Judiciary

    Commmentary: Article VI (6) establishes the judicial branch of government. Three equal branches of government serve as a check and balance on power. The judiciary is headed by a Supreme Court.

    [Documment Quotations:] Quoations in light gray from source documents are for reference only annd are not part of the Constitution of the Nation of Pacifica.

    This Constitution is a work in progress.

Article VI (6): Judiciary

Section 1. [justices and courts]

    [Constitution of the United States of America, Article I, Section 8, Clause 9:] The Congress shall have Power … To constitute Tribunals inferior to the supreme Court;

    Clause 1: The judicial power of the Nation of Pacifica, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. Congress shall have the power to constitute tribunals inferior to the Supreme Court. The judges, both of the 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.

    [Constitution of the United States of America, 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, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

    Clause 2: Supreme Court justices, including the Chief Justice of the Supreme Court, shall serve until death, resignation, or removal from office. Appellate judges shall serve for twenty year terms. Other inferior judges shall serve for ten year terms.

Section 2. [powers of judiciary]

    Clause 1: The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Nation of Pacifica, and treaties made, or which shall be made, under their authority;—to all cases affecting Ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the Nation of Pacifica shall be a party;—to controversies between two or more states;—between a state and citizens of another state;—between citizens of different states, —between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects.

    [Constitution of the United States of America, Article III, 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 Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

    [Constitution of the United States of America, Amendment XI:] The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

    Clause 2: In all cases affecting Ambassadors, other public ministers and consuls, and those in which a state shall be 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 Congress shall make.

    [Constitution of the United States of America, Article III, Section 2, Clause 2:] In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be 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 Congress shall make.

    Clause 3: The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

    [Constitution of the United States of America, Article III, Section 2, Clause 3:] The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3. [treason and rebellion]

    Clause 1: Treason against the Nation of Pacifica, shall consist only in levying war against them, or in adhering to their 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.

    [Constitution of the United States of America, Article III, Section 3, Clause 1:] Treason against the United States, shall consist only in levying War against them, or in adhering to their 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.

    Clause 2: 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.

    [Constitution of the United States of America, Article III, Section 3, Clause 2:] 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.

    Clause 3: No person shall be a Senator or Representative in Congress, or hold any office, civil or military, under the Nation of Pacifica, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the Nation of Pacifica, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the Nation of Pacifica, 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.

    [Constitution of the United States of America, Amendment XIV, Section 3:] No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, 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.

    Clause 4: Neither the Nation of Pacifica nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the Nation of Pacifica; but all such debts, obligations, and claims shall be held illegal and void.

    [Constitution of the United States of America, Amendment XIV, Section 4:] The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

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This Constitution is a work in progress.