AF-separation-of-powers-Digital-20 - Flipbook - Page 19
otherwise, all of our Judges must be independent
and decide cases “without fear or favor.” Each and
every litigant must be able to walk into any
courtroom situated in the United States, and be
certain that the Judge presiding over their case or
matter, shall judge fairly and without bias as to all
issues that arise. If confidence in our Judges is lost,
then our confidence in America shall be lost.
• Article III, §2 recognizes and provides for the very
important right to trial by a jury. There are some
circumstances that limit a trial by jury. For example,
a jury cannot decide a “legal” question. Legal
questions are the responsibility of a Judge or panel
of Judges. Also, less serious crimes and offenses
along with plea bargains do not entitle criminal
defendants with a right to a jury trial. Although
lacking a meaningful opportunity to “check” the
government’s use of charging documents and
criminal proceedings under these circumstances,
there is balancing of government and judicial
interests in efficiency, financial and temporal
burdens with de minimis punishments often
associated to summary offenses and less serious
crimes along with the ideal voluntariness of pleas.
Practical concerns and other barriers, such as lack
of resources, are often considered and sometimes
preclude a trial by jury in criminal and civil matters.
• Article III, §3 speaks to the crime of treason.
Significantly, treason is the only crime specifically
listed in the Constitution. Historically, the
definition and application of the crime of treason
has been narrowly construed, as the specific
elements are laid out in our Constitution.
In addition to the details of the three sections noted
above, Article III of the Constitution sets forth the
relationship between Federal and State Courts, the
meaning of Stare Decisis, the effect of Supreme Court
decisions, and other powers vested in Article III judges,
known as judicial powers.
Article III Judges play a profound role in our judicial
Branch. The Judicial powers vested in these
lifetime-appointed Judges are powers that are generally
exclusive to the Judicial Branch and such powers,
unless otherwise enumerated, are not powers vested in
our other two branches of government, the Executive
and Legislative. Each branch, with its own powers
vested upon them by the Constitution, serve to “check”
each other. In the end, lawful and good faith interplay
by and between each branch is vital to the effectiveness
and harmony of our Constitutional Republic. The
Judiciary is considered the last line of defense against
overreach, abuse of power, and other instances of
misconduct by officials in the executive and legislative
branches, both of which are grounded in politics.
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