PEOPLE: The U.S. Constitution created three branches of government to make a more perfect union
AGN.News Team
February 20, 2024
WASHINGTON (AGN.News) – The Constitution of the United States is the supreme law of the Constitutional Republic called the United States of America. It provided a foundation for all three branches of government. The legislative branch, the executive branch and the federal judiciary.
The Constitutional Convention of 1787 was held in Philadelphia from May 25 to September 17, 1787, at which George Washington, a strong proponent of a stronger national government, became President of the convention and later the President of the United States.
What was the main goal and accomplishment of the convention? It created the Constitution of the United States, the supreme law of the newly formed Constitutional Republic called the United States of America.
Constitution and separation of powers
The first three articles of the U.S. Constitution address the separation of powers by dividing the federal government into three branches: (Article I) the legislature, with its two separate chambers, the Senate and the House of Representatives. This is the U.S. Congress.
The executive branch, consisting of the president and other officers (Article II). Section 1 of this Article establishes the offices of president and the vice president. It also sets the term of both offices at four years. It also sets the procedures for electing and removing the president from office and establishes the president’s powers and responsibilities.
United States Federal Judiciary
Article III establishes the third division of the federal government known as the judicial branch. At the top is “one Supreme Court” with a chief justice, and other lower federal courts, also called “inferior courts”, including district courts, appellate courts, and as stated, “one Supreme Court”.
Article III does not set the size of the Supreme Court or establish specific positions on the court. Since the Judiciary Act of 1869 was enacted, the number of justices has been fixed at nine: one chief justice, and eight associate justices.
Section 3 of Article III addresses treason. It defines treason and empowers Congress to punish treason. This section requires two witnesses testify to the treasonous act, or that the individual accused of treason confess in open court. It also limits ways which Congress can punish those convicted of treason.
These lower federal courts, established by Congress, handle cases or controversies arising under federal law at the district level and the various Court of Appeals.
Eleven United States Court of Appeals
The United States Court of Appeals are the intermediate appellate courts of the United States federal judiciary. Eleven of the circuits are numbered “First” through “Eleventh” and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders.
For example: The First Circuit Court of Appeals is located in Boston. The Second Circuit Court of Appeals is located in New York City. The Third Circuit Court of Appeals is located in Philadelphia. The Fourth Court of Appeals is located in Richmond, Virginia. The Fifth Court of Appeals is located in New Orleans.
The Sixth Court of Appeals is located in Cincinnati. The Seventh Circuit Court of Appeals is located in Chicago. The Eighth Circuit Court of Appeals is located in St. Louis. The Ninth Circuit Court of Appeals is located in San Francisco. The Tenth Circuit Court of Appeals is located in Denver. The Eleventh Circuit Court of Appeals is located in Atlanta.
Next, the District of Columbia Circuit followed by the Federal Circuit are explained below.
Federal Courts in District of Columbia
Superior Court of the District of Columbia is also called DC Superior Court. This court is the trial court for the District of Columbia. This court hears cases involving criminal and civil law, domestic cases involving family court, landlord and tenant, probate, tax and driving violations like no driving permit and DUI.
All appeals of the Superior Court go to the District of Columbia Court of Appeals. This process also involves a magistrate judge opinion and a Superior Court Associate Judge.
District of Columbia Court of Appeals is the highest court of the District of Columbia. This court was established in 1942 and is the equivalent of a state supreme court. The difference is this court’s authority derives from the U.S. Congress rather than any state. It is the court of last resort for matters of D.C. local law since 1970.
This court is not to be confused with the United States Court of Appeals for the District of Columbia Circuit, which is the federal U.S. Court of Appeals that covers the District of Columbia.
The United States District Court for the District of Columbia is a federal district court in Washington D.C. Appeals from this court goes to the United States Court of Appeals for the District of Columbia Circuit except for patent claims and claims against the U.S. government under the Tucker Act (March 3, 1887).
The Tucker Act is a federal stature of the United States by which the United States government has waived its sovereign immunity with respects to certain lawsuits. These lawsuits are appealed to the Federal District.
Another United States Court of Appeals
United States Court of Appeals for the District of Columbia Circuit, also called the D.C. Circuit, is one of the thirteen United States Court of Appeals.
This is the smallest geographical jurisdiction of any of the U.S. Court of Appeals. It also covers only one district court: The United States District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse in Waashington D.C.
Another United States Court of Appeals
This is the United States Court of Appeals for the Federal Court. It was established on October 1, 1982. It’s located in the Howard T. Markey National Courts Building in Washington, D.C.
This is one of the 13 United States Court of Appeals. It has special appellate jurisdiction over certain categories of specialized cases in the U.S. federal court system.
Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans’ benefits, federal employees’ benefits, and various other types of cases. It has no jurisdiction over criminal, bankruptcy, and various other types of cases.
From time to time this court may sit in other locations other than Washington, D.C. with some of its judges sitting on the benches of other Court of Appeals and federal district courts. Above are the 13 Federal Court of Appeals.
The Judiciary Act of 1789
The Judiciary Act of 1789, Section I establishes that federal judges do not face term limits, and that an individual federal judge’s salary may not be decreased. Section II restricts the judiciary’s power to actual cases and controversies under federal law. This Act provides additional guidance for the judiciary.
The United States Constitution created three branches of government to make a more perfect union called the United States of America.
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