Article 3.  GOVERNMENT STRUCTURE cont'd

Section 3.12.  Judicial Branch

 

The judicial power of the the Common Government of the United Territories 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 be nominated by the President, confirmed by the Senate, and hold their offices for a single term maximum of 12 years.  The President shall nominate a replacement no less than three months before the end of that judge’s term.

 
 

 

Congress will organize the justices of the Supreme Court into three classes, with the justices assigned to each class in reverse seniority order, with the most senior justices in the earliest classes after the formation of the first Supreme Court.  The terms of office for the justices in the first class will expire at the end of the 4th year, the terms for the justices of the second class will expire at the end of the 8th year, and terms of the third class will expire at the end of the 12th year, so that one-third of the justices may be chosen every 4th year.

 

Judges shall receive for their services a compensation, which shall not be changed during their term in office, and they shall not receive within that period any other compensation from either the Common Government of the United Territories, or from any of the Territory governments.  Judges are subject to impeachment by the House of Representatives.

 

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United Territories, 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 Territories shall be a party; to controversies between two or more Territories; between a Territory and citizens of another Territory, between citizens of different Territories, between citizens of the same Territory claiming lands under grants of different Territories, and between a Territory, or the citizens thereof, and foreign states, citizens or subjects.

The judicial power of the United Territories shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United Territories by citizens of another Territory, or by citizens or subjects of any foreign state.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a Territory 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.

 

 

A majority decision rendered by the Supreme Court can be overridden, but not rewritten, by two-thirds of both houses of Congress or by the Legislatures of two-thirds of the Territories.

 

The Congressional override is not subject to a Presidential veto and shall not be the subject of litigation or review in any Common or Territory court.

 

The Territories’ override shall not be the subject of litigation or review in any Common or Territory court, or of oversight or interference by Congress or the President.

 

Congressional or Territory override authority must be exercised no later than two years from the date of the Supreme Court rendering its majority opinion, after which date Congress and the Territories are prohibited from exercising the override.

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