Article 6: Judicial Power
[COUNTRY] shall be evenly divided into twelve juridical districts, as determined by law; and the Judicial power of [COUNTRY] shall be vested in a Supreme Court located in the seat of government, and in one District Court for each of the twelve juridical districts of [COUNTRY], and in those lower courts that may be established by law.
The judicial power shall extend to all cases:
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in law and equity, arising under this Constitution, the laws of [COUNTRY], and treaties made, or which shall be made, under their authority;
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affecting ambassadors, envoys, residents, consuls, and other public ministers;
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of admiralty and maritime jurisdiction; and
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in which [COUNTRY] shall be a party.
And no court, except a court of common law and equity, may compel the people unless they shall consent to its jurisdiction.
Any and all tribunals established by the Senate under Article 4 of this Constitution shall not be construed as judicial courts; and the presiding authorities in all such tribunals shall be bound to make this fact abundantly clear to any who come before them before proceeding with any hearing.
The Supreme Court shall be comprised of a Chief Justice and no less than six Associate Judges; and the Senate may vote to alter the number of Associate Judges, providing always for an even number of them.
The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, envoys, residents, consuls, and other public ministers, and those in which [COUNTRY] shall be a party. In all the other cases before mentioned, the Supreme Court shall have the highest appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Senate shall make.
Regarding the writing of opinions for any case coming before the Supreme Court, the Chief Justice shall write the court’s opinion for the one side, and the most senior Associate Judge opposing him shall write for the other, being assisted by those on either side sharing the same view.
Whenever the Senate passes a bill, before it becomes law, it shall be sent within seven days to the Supreme Court; and the Supreme Court will have thirty days from the date they receive said bill to review it and determine its Constitutionality. If they deem it in accordance with the principles of this Constitution, then it shall become law, and they shall be bound to uphold it until such time as it may be repealed or voided; and if they deem any part of it to be against the principles of this Constitution, they shall reject it and return it to the Senate along with their findings as to which parts they find objectionable and why. If the Supreme Court does not have an answer after thirty days, then the bill shall pass into law by de facto until such time that the Supreme Court declares it either void or de jure. But in all cases, the Supreme Court shall only judge the Constitutionality of a bill as proposed, and shall endeavor to remain politically neutral with regards to its subject matter.
If exigent circumstances prevail, as in the case of invasion or public danger, all bills passed by the Senate relating to the exigency shall pass into law by de facto; and they will remain in force until such time that the Supreme Court has had opportunity to determine their Constitutionality, or until the exigency has passed, whichever comes first. But all such bills must be preceded by a declaration to that effect from the Senate, or by the highest executive authority available if the Senate cannot be convened in reasonable time.
On the application of at least half of all the Senators in session, an existent law may be recommended to the Supreme Court for judicial review to determine its Constitutionality, and the Supreme Court shall have discretion as to whether they will review it or not. If they elect to review it, they will have thirty days to declare it unconstitutional or it will continue to remain in force; and if they do not review it, they shall return an answer as to why they will not review it.
So as to account for amendments to the Constitution, and also to prevent bad laws from falling into custom beyond legal memory, any law made by the Senate that will have been in force or effect for a period of seventy years shall automatically be subject to judicial review by the Supreme Court, who shall re-examine the Constitutionality of said law; but it shall be for the Senate to decide whether or not such laws are obsolete.
The District Courts shall have appellate jurisdiction prior to the Supreme Court in all cases of law, equity, admiralty, and maritime arising within their district, with original jurisdiction being reserved for the lower courts according to law.
The judges of the Supreme, District, and lower courts shall hold their offices during good behavior, and govern themselves with restraint; and at stated times, they shall receive a compensation for their services, which shall not be diminished during their continuance in office.
The courts may impose reasonable fees to cover their operating expenses; but the committing of barratry, or the selling of justice, by any judge or officer of the court shall constitute an impeachable offense and a felony.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the place where the said crimes shall have been committed; but when not committed within any singular place, the trial shall be at such place or places as the Senate may by law direct.
Treason against [COUNTRY] shall consist only in levying war against the country or its people, or in adhering to its enemies, or in giving them aid and comfort, or in the undue manipulation of a judge of the Supreme Court; and no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Senate shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted; and no bill of attainder or ex post facto law shall be passed.
Anyone charged with executing vigilante justice - or otherwise inflicting punishment for crimes outside the scope of the power herein delegated to the government – shall be brought before a Grand Jury of twenty-four of his peers, wherein he shall have all rights and defenses afforded to him as in any other criminal proceeding, except that he shall present his case to them directly, and an officer of the court shall moderate the hearing; and if such a jury shall unanimously find that the actions of the outlaw are in accordance with the principles of natural justice, he shall be set free; else he may be tried as he would for any other offense.
In the passing and execution of sentences, the State shall endeavor to act with mercy and compassion whenever possible, preferring restoration and rehabilitation to strict confinement.