Congress Hall Cafe

Article III – Courts

Article III

Section I 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.

Chief Justice John Marshal adds “necessary and proper’ clause “So, of the punishment of the crimes of stealing or falsifying a record or process of a Court of the United States, or of perjury in such Court. To punish these offences is certainly conducive to the due administration of justice. But Courts may exist, and may decide the causes brought before them, though such crimes escape punishment.” McC Note: Why is the ability to punish theft  an enumerated constitutional right and not just an implied right by the ‘necessary and proper clause’ as John Marshal says? Because the US Constitution is intrinsically joined to the Declaration’s ‘rectitude of the Supreme Judge’ clause thereby incorporating His rectitude found in Exodus 20:15  “Do not steal” and Exodus 20:16 “You shall not give false testimony against your neighbor “into America’s Constitutional fabric. The “necessary and proper” clause of Article I s.8 incorporates Ex.20:15/16 from direct textual reading ”rectitude of the Supreme Judge.” Seciton I 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. Oliver Ellsword 1787  “Their courts are not to intermeddle with your internal policy, and will have cognizance only of those subjects which are placed under the control of a national legislature.”A perfect uniformity must be observed thro’ the whole union or jealousy and unrighteousness will take place.” 243 Article III Section 1 “The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour..” Psalms 82:1 “God presides in the great assembly. He judges among the gods. “ Rutherford “The judge is but God by office, and representation, and conservation of the people.”

A TRUE JUDGE engraves before adjudication. As Lawgiver and Judge, God gave Moses His commandments written in stone – engraved by God’s own hand. This is picture of a true judges. A judge like God is to engrave God’s law upon the tablets of the human heart upon all those within his judicial circuit or community. Creating deep lines upon the human heart by teaching, instruction, and inculcation creates convictions within the soul, and it is these convictions that are barriers to irregular and criminal passions. If a community is burdened by crime then a judge has failed to perform his primary function of an engraver. jb

Section 2.

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. Timothy Pickering “But there is a particular & very cogent reason for securing to foreigners a trial, either in the first instance, or by appeal, in the federal court. With respect to foreigners, all the states from one nation. This nation is responsible for the conduct of all its members towards foreign nations, their citizens & subjects; and therefore ought to possess the power of doing justice to the latter. Without this power, a single state, or one of its citizens, might embroil the whole union in a foreign war.” dc303

Section 3.

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. Note: English history is filled with abuses of condemning persons for treason for such acts as ‘thinking’ of the king’s death or being a political enemy. This power has not been given to the Congress, and treason has be narrowly defined. The two witnesses required for conviction of treason stands upon the authority of the God’s revealed law that requires in all capital offences two witnesses, and the confession in open court is another biblical precept where those who were accused of a crime are to be brought to the gates of the city (open forum0 and before the elders. 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. Note: What is ‘corruption of blood.’ In England if John Doe was condemned for treason his blood was consider ‘corrupted,’ and any inheritance rights along that blood line was lost; therefore, heir to a person condemned by treason, the property was forfeited. The US Constitution took a more biblical approach, corruption of blood was condemned for an heir should be blamed for the sins of the father. Judicial Review Chief Justice John Marshal “Should Congress, in the execution of its powers, adopt measures which are prohibited by the Constitution, or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not intrusted to the Government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.” McC


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This entry was posted on November 29, 2013 by .
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