Section 1
The Supreme Court, under the Third Constitution, will no longer have judicial review or judicial interpretation of federal legislation. However, the Supreme Court will have judicial review and judicial interpretation regarding state legislation that conflicts with the national Constitution.
Section 2
Under the Third Constitution, the Supreme Court will consist of 7 Justices--no longer 9. The 7 largest national political parties will each appoint a Justice for the first Supreme Court. The first 7 Supreme Court Justices, appointed in March by the seven top political parties, will take office on October 1, at the same time the new President and 435 new national legislators take office. The elected Justices will begin a 4-year term of office. If a Supreme Court Justice dies or resigns, the political party he or she came from will provide a new Justice.
Section 3
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 if chosen again by the political party that first elected them.
Section 4
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 under the second Constitution.
Section 5
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.
Section 6
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.
Section 7
The federal Supreme Court can also review and cancel State Supreme Court decisions and state laws if the federal Constitution is violated.
Section 8
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 51% of the Federal Congress disapproves.
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