Andrew Johnson appointed nine Article III federal judges during his presidency, all to United States district courts.

To consider but one example, the First Amendment to the United States Constitution states " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof "— but interpretation ( that is, determining the fine boundaries, and resolving the tension between the " establishment " and " free exercise " clauses ) of each of the important terms was delegated by Article III of the Constitution to the judicial branch, so that the current legal boundaries of the Constitutional text can only be determined by consulting the common law.

In the United States, the power of the federal judiciary to review and invalidate unconstitutional acts of the federal executive branch is stated in the constitution, Article III sections 1 and 2: " 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.

Later cases interpreted the " judicial power " of Article III to establish the power of federal courts to consider or overturn any action of Congress or of any state that conflicts with the Constitution.

Since the 12th century, courts have had parallel and co-equal authority to make law -- " legislating from the bench " is a traditional and essential function of courts, which was carried over into the U. S. system as an essential component of the " judicial power " specified by Article III of the U. S. constitution.

Before the entry into force of Protocol 11, Section II ( Article 19 ) set up the Commission and the Court, Sections III ( Articles 20 to 37 ) and IV ( Articles 38 to 59 ) included the high-level machinery for the operation of, respectively, the Commission and the Court, and Section V contained various concluding provisions.

Crain asserts that he " is not subject to the jurisdiction, taxation, nor regulation of the state ," that the " Internal Revenue Service, Incorporated " lacks authority to exercise the judicial power of the United States, that the Tax Court is unconstitutionally attempting to exercise Article III powers, and that jurisdiction over his person has never been affirmatively proven.

:: Example 1 ( parliamentary monarchy ): Article III, Section 15 of the Constitution Act, 1867, a part of the Constitution of Canada, states:

" Its primary functions in this area, according to Article III, are to encourage research and development, to secure or provide materials, services, equipment and facilities for Member States, to foster exchange of scientific and technical information and training.

" To do this, the IAEA is authorized in Article III. A. 5 of the Statute " to establish and administer safeguards designed to ensure that special fissionable and other materials, services, equipment, facilities, and information made available by the Agency or at its request or under its supervision or control are not used in such a way as to further any military purpose ; and to apply safeguards, at the request of the parties, to any bilateral or multilateral arrangement, or at the request of a State, to any of that State's activities in the field of atomic energy.

Article III of the Constitution states that judges remain in office " during good behavior ", implying that Congress may remove a judge for bad behavior via impeachment and conviction.

Marbury v. Madison,, was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.

Nonetheless, the Court stopped short of compelling Madison ( by writ of mandamus ) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established.

* Does Article III of the Constitution create a " floor " for original jurisdiction, which Congress can add to, or does it create an exhaustive list that Congress can't modify at all?

Marshall then looked to Article III of the Constitution, which defines the Supreme Court's original and appellate jurisdictions ( see Relevant Law above ).

Furthermore, it has been argued that the Supreme Court should have been able to issue the writ on original jurisdiction based on the fact that Article III of the Constitution granted it the right to review on original jurisdiction " all cases affecting … public ministers and consuls ," and that James Madison, Secretary of State at the time and defendant of the suit, should have fallen into that category of a " public minister consul.

The move raised tensions with the Soviets, who responded that Germany was supposed to have consulted with the Soviet Union under Article III of the Molotov – Ribbentrop Pact.

" The Supreme Court holds " The judicial Power " according to Article III, and it established the implication of Judicial review in Marbury vs Madison.

Under this provision, the Congress may create inferior courts under both Article III, Section 1, and Article I, Section 8.

The Article III courts, which are also known as " constitutional courts ", were first created by the Judiciary Act of 1789.

Article III courts are the only ones with judicial power, and so decisions of regulatory agencies remain subject to review by Article III courts.

This is provided for in Article II of the Constitution, which states that the President " shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court.

The Constitution of Brazil knows also two elements of direct democracy, stated in Article 14.

Article 17 of the Constitution of France gives the President the authority to pardon criminals and, since 1991, the President has pardoned many petty offenders ( mainly traffic offences ) on 14 July.

( The latter prohibition took effect 1 January 1808, the earliest date on which Congress had the power to do so under Article I, Section 9 of the United States Constitution.

In 1949, the abolition of the military was introduced in Article 12 of the Costa Rican Constitution.

In May 2010, the Washington State Supreme Court provided an opinion after it was asked to certify a question referred by the United States District Court for the Eastern District of Washington: “ Whether a public library, consistent with Article I, § 5 of the Washington Constitution, may filter Internet access for all patrons without disabling Web sites containing constitutionally-protected speech upon the request of an adult library patron .” The Washington State Supreme Court ruled that NCRL ’ s internet filtering policy did not violate Article I, Section 5 of the Washington State Constitution.

For example, the Case or Controversy Clause of Article Three of the United States Constitution ( Section 2, Clause 1 ) states that " the judicial Power shall extend ... to Controversies to which the United States shall be a Party ".

A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 ( 2 ) of the Constitution of India.

The Constitution of Japan states in Article 39 that

Article 13 of the Constitution of Pakistan protects a person from being punished or prosecuted more than once for the same offence.

Article 2 of the 1889 Meiji Constitution ( the Constitution of the Empire of Japan ) stated, " The Imperial Throne shall be succeeded to by imperial male descendants, according to the provisions of the Imperial House Law.

Article 2 of the Constitution of Japan, promulgated in 1947 by influence of the U. S. occupation administration and still in force, provides that " The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial Household Law passed by the Diet.

Under clause 17 Article I Section 8 of the Constitution however, Congress has power to " exercise exclusive Legislation in all cases whatsoever " over the federal district ( Washington, D. C .) and other territory ceded to the federal government by the states, such as for military installations.

" The Volkskammer decides on the accession of the GDR to the Constitution of the Federal Republic of Germany according to Article 23 of the Basic Laws effective as of October 3, 1990.

In accordance with Article 31 of the Constitution of the People's Republic of China, Hong Kong has Special Administrative Region status, which provides constitutional guarantees for implementing the policy of " one country, two systems ".

:: Example 2 ( parliamentary non-executive monarchy ): Article 1 of the Constitution of Japan states:

:: Example 3 ( parliamentary republic ): Title II, Article 87 of the Constitution of Italy states:

*: Article 25 of the 1991 constitution specifies that a " person of Bulgarian origin shall acquire Bulgarian citizenship through a facilitated procedure.

Article II, Section 1, Clause 6 of the Constitution specifies that only an " Officer " of the United States may be designated as a Presidential successor.

Article 51 specifies that the States-General consist of a House of Representatives of the Netherlands ( lower house ) of 150 members and a Senate ( upper house ) of 75 members — the constitution deliberately mentions the House of Representatives first to emphasize its political primate.

Article II, Section 1, Clause 2 of the Constitution specifies the number of electors to which each state is entitled and state legislatures decide how they are chosen.

The UN Charter specifies ( in Article 27 ) that a draft resolution on non-procedural matters is adopted if nine or more of the fifteen Council members vote for the resolution, and if it is not vetoed by any of the five permanent members.

Article V, Section 25 ( a ) of the Missouri Constitution specifies a process, known as the Missouri Plan, to appoint judges to the state Supreme Court, Court of Appeals, and circuit and probate courts in the independent City of St. Louis, Jackson County ( Kansas City ), and any other circuit court where a majority of voters choose to adopt nonpartisan appointment ( currently St. Louis County, Clay County, and Platte County ).

* Article 2 specifies when the parties are bound by GCIII

* Article 5 specifies that prisoners of war ( as defined in article 4 ) are protected from the time of their capture until their final repatriation.

Others believe that, under Article II, the principal duty of the President is to execute the law ; that, under Article I, the law is what the lawmaker — e. g. Congress, in the case of statutory contempt — says it is and the Executive Branch cannot either define the meaning of the law ( such powers of legislation being reserved to Congress ) or interpret the law ( such powers being reserved to the several Federal Courts ); any attempt by the Executive to define or interpret the law would be a violation of the separation of powers ; the Executive may only — and is obligated to — execute the law consistent with its definition and interpretation ; and if the law specifies a duty on one of the President's subordinates, then the President must " take care " to see that the duty specified in the law is executed.

The phrase surrender at discretion is still used in treaties, for example the Rome Statute that entered into force on July 1, 2002, specifies under " Article 8 war crimes, Paragraph 2. b " that:

Article 4 of the 1959 constitution specifies the presence of a technical dossier containing a model of the flag, a guide to drawing it, which includes the proper measurements, and technical specifications of its colors.

Article III Section VI of the Georgia State Constitution specifies the powers given to the Georgia General Assembly.

Article 64 specifies the times of parliamentary sessions.

The First Amendment to the United States Constitution provides that " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...." and Article VI specifies that " no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article 152 specifies the Malay language as the national language of Malaysia ; Article 153 grants the Malays special privileges ; Article 181 covers the position of the Malay rulers ; and Part III deals with matters of citizenship.

The word ' Ketuhanan ' and ' Allah ' is used in the preamble to the Constitution, but the term ' Allah ' appears in Article 9, which specifies the wording of the presidential oath of office.

Article V of the Constitution specifies that if the legislatures of two-thirds of the states petition Congress for a constitutional amendment, then Congress must call a convention for proposing amendments.

The state's militia is governed by Article VIII, which specifies that all officers be elected by those subject to service within their groupings and as the Legislature directs ( Section 1 ) but that the governor appoint his staff officers and they in turn appoint their staff officers ( Section 2 ).

Article 343 of the Constitution of India specifies that the official language of India is Hindi in Devanagari script, with English as an additional language for official work.

Article 251 ( 1 ) of the 1973 Constitution of Pakistan, titled National language, specifies: " The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.

Article 6 of the international WIPO Performances and Phonograms Treaty of 1996 specifies: " Performers shall enjoy the exclusive right of authorizing, as regards their performances: ( i ) the broadcasting and communication to the public of their unfixed performances except where the performance is already a broadcast performance ; and ( ii ) the fixation of their unfixed performances.