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DOUBTS ABOUT US CONSTITUTION ( iii) – Article 3 – Judicial : On the system of Federal Courts as a potential instrument of national tyranny and the impossibility of inter-state or international legal actions.


About this I find the English Wikipedia article on the US Judiciary starts like this:

Article III, Section 1of the Constitutionprescribed that the “judicial power of the United States, shall be vested in one supreme Court, and such inferior Courts” as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.

The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalistshad denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourththrough the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to a Supreme Courtand perhaps local admiraltyjudges. The Congress, however, decided to establish a system of federal trial courtswith broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.

The text in Article iii), Section i) of the US Constitution is this one:

Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Besides this, I find  it amusing that, according the 11th Amendment, it’s impossible for any Citizen or Subject of one of the United States or other foreign country, to sue  another State of the United States. The judicial system seems to block both  inter-states and international actions.

[Article XI] (Amendment 11 – Suits Against States)

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

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