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 Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
联邦最高法院是宪法中规定要设立的唯一一个联邦法院,在美利坚合众国制宪会议期间,曾有人提议将联邦最高法院作为唯一的一个联邦法院,其同时拥有初审和上诉管辖权,主要审理来自各州法院的上诉,不过这样的建议也没有得到采纳。最终通过的宪法第一条第八款规定:“国会有权……设立低于最高法院的法院”,所以国会就既可以根据宪法第一条第八款来设立下级法院,也可以通过第三条第一款来设立。其中后者是由立法部门通过《1789年司法条例(英语:Judiciary Act of 1789)》而建立的,包括联邦地区法院、联邦上诉法院等,也称“宪法法院”,而前者则主要包括联邦税收法院(英语:United States Tax Court),也称“立法法院”。不过值得注意的是,只是根据第三条设立的“宪法法院”才拥有司法权,因此能够对监管机构的决定进行审查也只有这些法院。
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.
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.
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.
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.
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.