Article III – Judicial Branch

Section 1. - Community Courts. The judicial power of the Community, shall be vested in one Supreme Court, and in such inferior courts as congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior.

Section 2. - Jurisdiction. The judicial power shall extend to—

1. All cases, in policy and equity, arising under this Constitution, the policies of the Community, and agreements made with non-Community parties;

2. All cases affecting Community representatives to non-Community committees, agencies, or organizations;

3. All cases involving Community security forces or the militia;

4. Controversies to which the Community shall be a party;

5. Controversies between two or more Groups; - between a Group and Members of another Group; - between Members of different Groups; - between Members of the same Group claiming property rights under other Groups, and between a Group, or the Members thereof, and foreign communities or Members;

6. All cases involving conflicts between provisions of the Constitution, between the Constitution and policies established by congress, and between conflicting policies;

In all cases affecting Community representatives to non-Community committees, agencies, or organizations, those in which a Group shall be a party, and resolution of constitutional and policy conflicts, the Community Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Community Supreme Court shall have appellate jurisdiction, both as to policy and fact, with such exceptions, and under such regulations as congress shall make.

The trial of all violations of Community policy, except in cases of impeachment, shall be by jury; and such trial shall be held in the Group where the said violation shall have been committed; but when not committed within any Group, the trial shall be at such place or places as congress may by policy have directed.

Section 3. - Duties of the Judiciary. The Community judiciary shall—

1. Establish resolutions of conflicts, when specific cases are brought to them, between contrary provisions of the Constitution, between the Constitution and policies established by congress, and between conflicting policies;

2. Recommend legislation, to be considered by congress, for resolution of future conflicts;

3. Specifically authorize the President to enforce judicial decisions when such enforcement requires confiscation of resources or transfer of funds between Groups;

Section 4. - Limitations of the Judiciary. The Community judiciary shall not—

1. Establish standing decisions as precedents for other cases than that being tried;

2. Convict a person of a severable offense unless on the testimony of two witnesses to the same overt act, or on confession in open court;

3. Deny the right of trial by jury;

4. Re-examine a fact previously tried by a jury unless specifically related to a procedural error for which an appeal is pending;

5. Impose excessive fines or unusual punishments;

6. Try any Member or Group more than once for the same offense, without new evidence being presented;

7. Compel any Member or Group to be a witness against himself or herself;

8. Deprive any Member or Group of Membership, liberty, or property, without due process;

9. Issue warrants, except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized;

10. Require a Member to answer for a severable offense, unless on a presentment or indictment of a Grand Jury; 

Last updated 572 days ago by Tom Gordon