Len Kim, Brandon Phifer

Len Kim, Brandon Phifer Danielle Famble, Cade Brawley Jason Pipkin Dr. Fabrizio Government 5-23-05

Constitution Article III The Judicial Branch

Section 1 General The Supreme Court will over see all United States courts. All other federal courts will be established by congress as necessary. The Supreme Court has the power of judicial review. Clause 1-Qualifications for office To hold a position of office in the Supreme Court, one must be a legal citizen and resident off this Glorious nation for thirty plus years and be fifty five plus years of age. To hold a position of office in all other Federal Courts, one must be a legal citizen of this Glorious Nation for thirty plus years and meet an age requirement of thirty five plus years. To be a Supreme Court or Federal Justice one must have obtained a law degree. Clause 2-Apointment to office All federal judges will be nominated by the President of the United States and be approved by a majority vote of fifty percent plus one vote by congress. Clause 3-Term of office The term for Supreme Court justice will be a ten year term with the opportunity of being appointed for up to two consecutive terms. All other federal justices will serve ten year term with the opportunity for unlimited reappointments.

Section 2- Federal courts Clause 1- Right to a trial by jury In all criminal and civil cases all people in the United States are entitled to the right of a trial by a jury of their peers. Clause 2- Types of Courts Supreme Court- the Supreme Court shall consist of nine justices. All justices should hear each case. There is no jury as the justices are required to listen to oral arguments, read all written briefs, and hold conferences before casting a final vote. Appeals Court- For every three states there will be an Appeals Court. The Court will hear all appealed Federal Court Cases. Federal Court-Each state will have at least one federal court to over see all federal suits in each state. The federal court is an original court. Clause 3- Types of Cases To all Diplomatic cases in regards of actions affecting Ambassadors, other Public Ministers, and Consuls to include all Admiralty and Maritime cases which refer to a police regulation of a local nature and the national governments control over all waters capable of being navigated and connected to shipping transactions. If States are fighting against each other the Supreme Court must handle it and a state cannot sue the U.S. government unless approved by Congress. All Individual cases must consider the diversity of citizenship as to prevent state courts from favoring its own citizens. Cases involving an Individual of state verses Foreign States, citizens or subjects will be seen by the Supreme Court. All other violations of Federal law will be seen in Federal Courts.

Section 3-Terrorism and/or Treason Clause 1-Terrorism Terrorism against the United States consists of the unlawful use or threatened use of force or violence by a person or an organized group against people or property of the country with the intention of intimidations or coercing the society or government of the United States. Clause 2- Treason Treason against the United States consists of violation in allegiance against or the betrayal of this country by waging war or action consciously and purposely to aid the enemies of the United States. Clause 3-Punishment for Terrorism and/or Treason The congress has the power to declare the punishment of treason or terrorism. The government of the United States has the power to defend justice and freedom of its people and nation. Article IV Bill of Rights Section 1-Natural Rights Clause 1- Speech All individuals have the right to freedom of speech but not including written or oral defamation. Clause 2- Press The government shall make no law infringing on the rights of private institutions or individuals that report on the events within or outside our nation. The government shall make no law restricting the exercise of ideas though various outlets but may restrict those outlets to the adult audience as deemed necessary. Private institutions or individuals may not unnecessarily antagonize individuals when those individuals are not involved in government or criminal actions. Clause 3- Assembly and Petition The government shall make no law infringing on the rights of individuals, groups or organizations to peacefully and purposefully assemble and petition the government when they feel it is necessary to do so. Clause 4- Religion All individuals have the right to a law abiding religion of their own choosing. The government shall not establish a national religion, show favor, show support, or fund any particular religion. Individuals have the right, particularly those seeking public office, to expresses their religious convictions and how those convictions might guide their administration. Clause 5-Abortion All women have the right to the option of abortion only in the case of rape, significant evidence of severe birth defects or deemed necessary for the health of the mother after one of these circumstances have been petitioned before a federal judge. Clause 6- Bear and Store Weapons Individuals have the right to bear and store arms along with the ammunition necessary for the operation of those arms. Clause 7- Unreasonable search and seizure The government shall not search, monitor, or seize homes, persons, papers, phones, computers, or other personally owned items unless it has been determined there is probable cause for such a search as deemed necessary by a judicial office or the court and a warrant has been issued particularly describing the place to be searched and the persons or things to be seized. Clause 8- Vote All adult citizens have the right to vote with no poll tax imposed. Clause 9- Education Individuals are guaranteed the right to a kindergarten through twelfth grade education. Clause 10-Marriage One man and one woman have the right to a marriage. Couples of the same sex are entitled to a civil union. A civil union will carry the entitlements of marriage without the right of adoption. Clause 11- Adulthood At the age of eighteen individuals have the right to join the military, vote in elections, marry, consume alcohol, and bear and store weapons and ammunition. Clause 12-Privacy Individuals are entitled to the privacy of their actions as long as those actions are not of a criminal or terroristic nature and do not infringe on the rights of other individuals. Individuals are also entitled to the privacy of their personal information unless that information is deemed necessary in an investigation by a judicial officer of the court and a warrant has been issued particularly describing the place to be searched and the persons or things to be seized.

Section 2-Legal Rights Clause 1-Habeas Corpus Any citizen being held in jail has the right to be seen by a judge and told a reason for which they are being held. Clause 2- Criminal and Civil Matters No person is to be tried twice of the same crime. No person has to incriminate themselves of a crime. No person is to be deprived of their life, liberty, or property without due process of law. That is to mean having adequate notice of any court appearance, having the assistance of counsel, have the right to remain silent, and a speedy public trial to an impartial jury. No private property is to be taken to be used for public purposes without being monetarily compensated or justly compensated by other means that has been negotiated by both parties. Clause 3-Rights in Court In a criminal case, the accused has the right to a speedy and public trial, with an impartial jury of their peers, in the district that the crime was committed in. The accused has a right to a counsel that will defend them, and call witnesses that will speak in their favor, and to face the person accusing them and witnesses against them. However, the accuser or victim has the right not to face the accused in the situation of rape, domestic violence, and children as witnesses or victims Clause 4- Excessive Bail, fines or punishment The amount required for bail and or fines shall not exceed the severity of the crime committed. There shall be no cruel or unusual punishment to offenders that exceeds the severity of their crime.

Section 3-States Rights Clause 1-Power Any power not delegated by the federal government will be controlled by each state or individual but will not infringe on rights or immunities given to the citizens by the federal government or by this constitution. Clause 2- Full Faith and Credit Each state shall show equal recognition to the public acts, records, and judicial proceedings of every other state. Clause 3 Interstate Rendition Each state has the right and responsibility to arrest any fleeing person charged with treason, felony or other crimes in any other state.