Proposed Constitution

Hope for the future

ARTICLE III: THE JUDICIAL BRANCH

SECTION 1: Court Establishment and its Compensation

a. Establishment of the Courts

The judicial Power of the Republic shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.

NOTE


Law and order is the most important part of any society. And the most important part of law and order are the Judges who supply the orders, but who also protect the rights of the people to be fairly accountable to and judged by the law. Congress must have the ability to oversee the Judicial Branch of government that is responsible for law and order. Congress is given the power to establish a proper court system that is more reflective of the needs of the people rather than the needs of the legal “system.” (Refer also to Article IV, Sections 9 and 10: Due Process of Law and Criminal Punishment.)





b. Election of Judges

The Judges, both of the Supreme and inferior Courts, shall be elected by the majority of registered voters every four years during regular elections.

NOTE


In regards to the day-to-day actions in the lives of the people, Judges have more power than any other government office. All Judges MUST be answerable to the people whom they serve. The ONLY way this can be accomplished is for all Judges to be elected by the people. Judicial appointments by certain political leaders are ripe with personal judgment, bias, and often personal or political agendas.





c. Removal of Judges Outside of Elections

Judges shall hold their Offices during good behavior, and shall be impeached or removed by the Supreme Court, or any Court that the Supreme Court appoints to try the impeached.

d. Compensation of Judges

Judges shall, at stated times, receive for their services a compensation equal to that of the Congress. Supreme Court Judges, and any lower Judges which Congress shall deem appropriate and necessary, shall receive a 10% increase during each term of their reelection thereafter. Judges compensation shall not be diminished during their continuance in Office.

 

SECTION 2: Officers of the Court

a. Court to Appoint Officers

All Officers of the Court, including bailiffs, clerks, commissioners, lawyers, and any such who serve the Court, shall be appointed or removed by the different Courts in which they serve. The Courts shall establish the rules and procedures by which each shall practice, providing that these rules conform to the laws of this Constitution.

b. Limits on Compensation for Officers of the Court

No Officer of the Court, or those who serve in any other capacity in the Court, at any time, shall receive for that person’s compensation more than ten times the hourly rate of the legal minimum wage of the people of the Republic that is set in law by the Congress.

 

SECTION 3: Judicial Power

a. Judicial Power to Interpret Law

Judicial Power shall extend to all cases, controversies, and disagreements in Law and Equity arising under the laws of this Constitution and the laws established by the Congress of the Republic. Judicial power shall not extend to any law established outside of these stated parameters, unless such powers to establish such laws are specifically extended to any Court by Congress.

b. Protection of Due Process of Law

All trials, procedures, and rules of any Court shall uphold the intent and purpose of Article IV, Section 9 (Due Process of Law) of this Constitution; or as Congress may, by law, direct.

c. Supreme Court Consensus of Unanimity

The Supreme Court shall, in all cases, render decisions in unanimity.

 

SECTION 4: Judging Election Results

The Supreme Court shall appoint, remove, and support such persons and proceedings as needed to judge the election results of all regular elections as provided by this Constitution.

 
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© THE HUMANITY PARTY® (THumP®), 2020