The judicial
power of the United States shall be vested in a Supreme Court, which shall
consist of a Chief Justice and eight Associate Judges. The nine Supreme Court Justices will vote to
choose their own Chief Justice among themselves, using the method of Instant
Runoff Voting, every three years or sooner if a Chief Justice leaves
office. Supreme Court Justices will
serve for 9-year terms and will be chosen by Congress when a vacancy occurs
using the Instant Runoff Voting method. Supreme Court Justices under the previous
Constitution may remain in office if they have not yet served 9 years. The Congress may remove any Supreme Court Justice
at any time with a 60% majority vote. Supreme
Court Justices may serve more than one term.
Currently there
are over 850 federal judgeships in the United States. A term of office for a
Federal judge will be four years. County
legislatures will elect Federal judges using the Instant Runoff Voting
method. Federal judges may serve more
than one term in their district.
Federal judges not assigned to a particular state will be selected by
the Federal Congress. Federal judges may
be impeached and removed by the legislative body responsible for selecting them
with a 60% majority vote. There will
continue to be two distinct federal and state judicial systems as before.
In addition to
the 12 Federal Circuit Courts of Appeal based on geographical areas, there will
also be, as previously established, The Court of Appeals for the Thirteenth
Circuit, which will have national appellate jurisdiction over certain types of
cases, such as those involving patent law and those in which the United States
is a defendant. The Court of
International Trade, The Court of Federal Claims, and similar courts may appeal
to this Thirteenth Circuit Court as they did under the previous federal
government.
Most of the time
the Supreme Court will work as an
appellate court, but in some cases, when it chooses, it may exercise original
jurisdiction which means it can act as a trial court if, for example, a state
is a party, or in matters concerning foreign diplomats.
The federal
Supreme Court also can review and cancel State Supreme Court decisions and
state laws if the federal Constitution is violated.
Section
6
States
cannot be sued in federal courts by a foreign country. Every individual shall have equal justice under the
law. Supreme Court decisions can be
abolished when 60% of the Federal Congress disapproves.
The Supreme
Court may make modifications in the structure of the federal court system. Its job is to make judgments based on the
Constitution and federal statutes, not to change or make new laws. Congress,
however, will determine how much of the federal budget is needed to finance the
federal court system.
Section
8
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