article 3 section 2 original jurisdiction

ArtIII.S2.C2.2 Supreme Court Original Jurisdiction, Georgia v. Brailsford, 2 U.S. (2 Dall.) It also gives jurisdiction where one or both parties in the legal case comprise a state. The Supreme Court of the United States has original jurisdiction in a small class of cases described in Article III, section 2, of the United States Constitution and further delineated by statute. While Congress cannot add to the Supreme Courts original jurisdiction, the Court has accepted a reduction of the power through Congresss creation of concurrent jurisdiction with lower federal courts over some kinds of original matters (suits against ambassadors and consuls and suits between the United States and a state, for example). 264, 39899 (1821); Chisholm v. Georgia, 2 U.S. (2 Dall.) See also the dictum in Cohens v. Virginia, 19 U.S. (6 Wheat.) Posted on August 14, 2022 . 28 U.S.C. 2. Cf. 65 (1844), Ex parte Vallandigham, 68 U.S. (1 Wall.) The current jurisdictional statute, 28 U.S.C. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. These suits presented precisely those situations where the forces of provincialism and self-interest were most likely to compromise a state or lower federal court. 243, 252 (1864), Ex parte Yerger, 75 U.S. (8 Wall.) However, original jurisdiction in all other cases belongs to inferior courts; furthermore, Congress has broad powers to define the jurisdiction of these courts. The principles are the same whether the Courts jurisdiction is exclusive or concurrent. Other cases have since followed this exclusive interpretation. 28 U.S.C. and the Supreme Court upheld concurrent jurisdiction in the Nineteenth Century.10 FootnoteRhode Island v. Massachusetts, 37 U.S. (12 Pet.) 137 (1803). The Court has frequently used the word sparingly in this context. In other instances, notably involving political questions, cf. In the curious case of Ex parte Levitt, 302 U.S. 633 (1937), the Court was asked to unseat Justice Black on the ground that his appointment violated Article I. Marshalls carefully crafted opinion rein-forced the significance of original jurisdiction by (1) limiting its scope to the categories of cases contained in the text and, as a consequence, (2) shifting its focus from executive matters to suits between states. The Supreme Court's jurisdiction is established in Article III, Section 2 of the U.S. Constitution and further defined by federal law. 66, 98 (1861). Contents 1 Authority 2 Cases 3 Procedure 4 References Authority [ edit] The relevant constitutional clause states: However, the Court has been assiduous in protecting the Constitutions core grant of original jurisdiction from congressional expansion. Congress in 3 of the Judiciary Act of 17893 Footnote 1 Stat. In 1861, Chief Justice Taney reviewed applicable precedents and stated that, in all cases where the Constitution grants the Supreme Court original jurisdiction, the Court has authority to exercise it without further act of Congress to regulate its powers or confer jurisdiction, and that the court may regulate and mould the process it uses in such manner as in its judgment will best promote the purposes of justice. 6 FootnoteKentucky v. Dennison, 65 U.S. (24 How.) 243, 252 (1864); Ex parte Yerger, 75 U.S. (8 Wall.) 264 (1821), Ames v. Kansas ex rel. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. shall be held in the State where the said Crimes shall have been committed; 284 (1831), Ex parte Barry, 43 U.S. (2 How.) In some cases, such as Missouri v. Holland,13 Footnote252 U.S. 416 (1920). 419 (1793). The Court has explained that it will exercise original jurisdiction only in appropriate cases. 18 FootnoteIllinois v. City of Milwaukee, 406 U.S. 91, 93 (1972). at 7 (2015); Arizona v. California, 373 U.S. 546, 564 (1963))). Although the Supreme Court has held that Congress lacks the power to expand or contract the Courts original jurisdiction, the Court has assumed significant latitude to interpret the jurisdictional grant itself. E.g., Massachusetts v. Laird, 400 U.S. 886 (1970) (constitutionality of United States action in Indochina); Delaware v. New York, 385 U.S. 895 (1966) (constitutionality of electoral college under one-man, one-vote rule). In an earlier case, the point of jurisdiction was not raised. at 3 (2018) ( This Court has recognized for more than a century its inherent authority, as part of the Constitutions grant of original jurisdiction, to equitably apportion interstate streams between States. But we have long noted our preference that States settle their controversies by mutual accommodation and agreement. (quoting Kansas v. Nebraska, 574 U.S. ___, No. Section 2 Section 3 Article III and the Courts In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. Georgia v. Brailsford, 2 U.S. (2 Dall.) 1995-2010 by Craig Walenta. In this case, and in Washington v. General Motors Corp., 406 U.S. 109 (1972), and Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971), the Court declined to permit adjudication of environmental pollution cases within its original jurisdiction because the nature of the cases required the resolution of complex, novel, and technical factual questions not suitable for resolution by the Supreme Court in the first instance, but which could be brought in the lower federal courts. In Marbury, Chief Justice John Marshall held that the mandamus power as applied to executive officials was actually a grant of original jurisdiction, and that Congress could not constitutionally expand the original jurisdiction of the Supreme Court. at 7 (2015), Arizona v. California, 373 U.S. 546, 564 (1963). In another case from the late Nineteenth Century, the Court relied on the first Congresss interpretation of Article III in declining original jurisdiction of an action by a state to enforce a judgment for a pecuniary penalty awarded by one of its own courts.11 FootnoteWisconsin v. Pelican Ins. States, Citizens or Subjects.) 419 (1793). ( the judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the united states, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which It does not, however, exhaust the listing of the Constitution. From the beginning, the most important suits between states were disputes over boundaries. Required fields are marked *. In some cases, such as Missouri v. Holland,14 Footnote252 U.S. 416 (1920). 85, 98 (1869), South Carolina v. Katzenbach, 383 U.S. 301 (1966), Utah v. United States, 394 U.S. 89, 95 (1968), California v. Southern Pacific Co., 157 U.S. 229, 261 (1895), Wyoming v. Oklahoma, 502 U.S. 437, 450 (1992), Maryland v. Louisiana, 451 U.S. 725, 739 (1981), United States v. Nevada, 412 U.S. 534, 538 (1973), Texas v. New Mexico, 462 U.S. 554, 570 (1983), Illinois v. City of Milwaukee, 406 U.S. 91, 93 (1972), Washington v. General Motors Corp., 406 U.S. 109 (1972), Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971), Massachusetts v. Mellon, 262 U.S. 447 (1923), Massachusetts v. Laird, 400 U.S. 886 (1970), Wyoming v. Oklahoma, 502 U.S. 437, 451 (1982), Arizona v. New Mexico, 425 U.S. 794 (1976), Arizona v. California, 373 U.S. 546, 564 (1963). Pa. 1793). Chief Justice John Marshall appears to have assumed in Marbury v. Madison that the Court had exclusive jurisdiction of cases within its original jurisdiction.7 FootnoteMarbury v. Madison, 5 U.S. (1 Cr.) Supreme Court Original Jurisdiction. Florida v. Georgia, 138 S. Ct. 2502, 2509 (2018) ( 'This Court has recognized for more than a century its inherent authority, as part of the Constitutions grant of original jurisdiction, to equitably apportion interstate streams between States. But we have long noted our preference that States settle their controversies by mutual accommodation and agreement. (quoting Kansas v. Nebraska, 135 S. Ct. 1042, 1052 (2015); Arizona v. California, 373 U.S. 546, 564 (1963))). Texas v. New Mexico, 462 U.S. 554 (1983); California v. West Virginia, 454 U.S. 1027 (1981); Arizona v. New Mexico, 425 U.S. 794 (1976). When the Court has original jurisdiction over a case, it means that a party may commence litigation in the Supreme Court in the first instance rather than reaching the high court on appeal from a state court or an inferior federal court. The parties also present briefs, arguments, and pro-posed recommendations, after which the special master issues a final report. Article III, Section 2 creates a series of categories of "cases" or "controversies" to which the judicial power "shall extend." Examples include "all Cases, in Law and Equity," arising under the Constitution, cases "of admiralty and maritime jurisdiction," and controversies in which the parties come from different states ("diversity jurisdiction"). Vermont v. New York, 406 U.S. 186 (1972) (granting leave to file complaint). Popovici v. Agler, 280 U.S. 379 (1930). E.g., Wyoming v. Oklahoma, 502 U.S. 437, 450 (1992); Maryland v. Louisiana, 451 U.S. 725, 739 (1981); United States v. Nevada, 412 U.S. 534, 538 (1973). 419, 43132 (1793), Marbury v. Madison, 5 U.S. (1 Cr.) The Court has thus held that original jurisdiction is limited and manifestly to be sparingly exercised, and should not be expanded by construction. 16 FootnoteCalifornia v. Southern Pacific Co., 157 U.S. 229, 261 (1895). at 174. 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. Relevant Law: Federal District Courts are trial courts of limited jurisdiction. 65 (1844), Ex parte Vallandigham, 68 U.S. (1 Wall.) Original cases are not heard before the Supreme Court as of right, even though its jurisdiction is exclusive. Ex parte Bollman, 8 U.S. (4 Cr.) Contact the Webmaster.Site Bibliography.How to cite this site. These kinds of cases continue to this day. In Chisholm v. Georgia,2 Footnote2 U.S. (2 Dall.) 6, cl. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 419, 43132 (1793), Marbury v. Madison, 5 U.S. (1 Cr.) The Court has also relied on the first Congresss interpretation of the meaning of Article III in declining original jurisdiction of an action by a state to enforce a judgment for a pecuniary penalty awarded by one of its own courts.10 FootnoteWisconsin v. Pelican Ins. The need for original federal power in state-versus-state cases had been a concern of the Constitutions drafters: Whatever practices may have a tendency to disturb the harmony between the States are proper objects of federal superintendence and control. The Federalist No. In Ex parte Levitt, 302 U.S. 633 (1937), the Court was asked to unseat Justice Black on the ground that his appointment violated Article I. Concerns over infringement of state sovereignty were subsequently addressed by the 11th Amendment. 80. 2. between a State and Citizens of another State; between Citizens of different The consent submitted will only be used for data processing originating from this website. those in which a State shall be Party, the supreme Court shall have original One issue of continuing interest is whether non-state entities, ranging from water districts to cities to private parties, are allowed to intervene in original cases. Thus case brought to enforce constitutional rights cannot be voided by any Congressional manipulation of jurisdiction. III, 2, cl. An example of data being processed may be a unique identifier stored in a cookie. Article III, section 2, of the Constitution distributes the federal judicial power between the Supreme Court's appellate and original jurisdiction, providing that the Supreme Court shall have original jurisdiction in "all cases affecting ambassadors, other public ministers and consuls," and in cases to which a state is Cf. Vincent L. McKusick, Discretionary Gatekeeping: The Supreme Court's Management of Its Original Jurisdiction Docket Since 1961, 138 Am. Not all such cases, however, were barred. the Court has manifested a tendency toward a liberal construction of its original jurisdiction, but the more usual view is that our original jurisdiction should be invoked sparingly. 14 FootnoteUtah v. United States, 394 U.S. 89, 95 (1968). Article III, Section 2, Clause 2 of the Constitution grants the Supreme Court "original Jurisdiction" over "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." 1 A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Places as the Congress may by Law have directed. In other instances, notably involving political questions, cf. 75 (1807); New Jersey v. New York, 30 U.S. (5 Pet.) All rights reserved. Although the Chief Justice's interpretation of the meaning of the clause may be questioned, no one has questioned the constitutional principle it proclaimed. Congress in Section 3 of the Judiciary Act of 1789 had granted the Court original jurisdiction in suits between a state and citizens of another state, but had not authorized actions of assumpsit in such cases or prescribed forms of process for the exercise of original jurisdiction.4 Footnote 1 Stat. 126, Orig., slip op. 1251. In all Cases affecting Ambassadors, other public Ministers and Consuls, and But even as narrowly written and construed, in state-versus-state cases original jurisdiction still played an indispensable role in eliminating the bias and parochialism of state courts and lower federal courts (where judges were likely to be drawn from the same pool of local lawyers). See South Carolina v. Katzenbach (1966) (the Voting Rights Act of 1965). 142, Orig., slip op. Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand.It is generally synonymous with county.It was first used in Wessex from the beginning of Anglo-Saxon settlement, and spread to most of the rest of England in the tenth century. 297 (C.C. The present division is in 28 U.S.C. Web site designed and maintained by Parochial biases are less prevalent in these cases and, in any event, when filed in the lower federal courts, these cases can later be transferred to the Courts appellate docket. such Exceptions, and under such Regulations as the Congress shall make. 137 (1803), Ex parte Bollman, 8 U.S. (4 Cr.) Although it rejected petitioner's application, the Court did not point out that it was being asked to assume original jurisdiction in violation of Marbury v. Madison. Some state courts have general subject-matter jurisdiction. Continue with Recommended Cookies, (The judicial Power shall extend to all However, original jurisdiction in all other cases belongs to inferior courts; furthermore, Congress has broad powers to define the jurisdiction of these courts. 1251. 657 (1838); Bors v. Preston, 111 U.S. 252 (1884); Ames v. Kansas ex rel. There have been only two original cases under the affecting Ambassadors section of the clause. Once the Court grants the states petitions to file a complaint, it usually appoints a special master to make factual and legal recommendations. 1515 (2001), Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), Hodgson v. Bowerbank, 9 U.S. (5 Cranch) 303 (1809), Cohens v. Virginia, 19 U.S. (6 Wheat.) Once appointed, their salaries cannot be "diminished" or decreased. Although Marshalls opinion is an example of textual interpretation, it also made practical sense that Article III should limit the power of Congress to add to the Courts original jurisdiction. In this case, and in Washington v. General Motors Corp., 406 U.S. 109 (1972), and Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971), the Court declined to permit adjudication of environmental pollution cases manifestly within its original jurisdiction because the nature of the cases required the resolution of complex, novel, and technical factual questions not suitable for resolution at the Court's level as a matter of initial decision, but which could be brought in the lower federal courts. See ArtIII.S2.C2.2 Supreme Court Original Jurisdiction; ArtIII.S2.C2.3 Original Cases Affecting Ambassadors, Public Ministers, and Consuls. Section 2 Trial by Jury, Original Jurisdiction, Jury Trials [The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to . Id. Save my name, email, and website in this browser for the next time I comment. SCOTUS has overruled attempts by Congress to vitiate constitutional rights by limiting the jurisdiction of the courts. The original jurisdiction of the U.S. Supreme Court is the court's authority to hear and decide certain types of cases before they have been heard by any lower court. E.g., Massachusetts v. Laird, 400 U.S. 886 (1970) (constitutionality of United States action in Indochina); Delaware v. New York, 385 U.S. 895 (1966) (constitutionality of electoral college under one-man, one-vote rule). 402 (1792), Kentucky v. Dennison, 65 U.S. (24 How.) Such suits could be brought and maintained in state courts as well. 66, 98 (1861), Marbury v. Madison, 5 U.S. (1 Cr.) In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. 264, 39899 (1821), Chisholm v. Georgia, 2 U.S. (2 Dall.) This means that Congress can, in principle, remove jurisdiction over certain cases from the federal judiciary completely, by failing to enact enabling legislation granting that jurisdiction to any inferior court. From the beginning, the Supreme Court has assumed that its original jurisdiction flows directly from the Constitution and is therefore self-executing without further action by Congress.1 FootnoteBut, in 13 of the Judiciary Act of 1789, 1 Stat. See also South Carolina v. Katzenbach, 383 U.S. 301 (1966), and Oregon v. Mitchell, 400 U.S. 112 (1970). The following state regulations pages link to this page. Article III, Section 2, Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. Last Modified: 24 Jan 2010 137, 174 (1803). This power is not absolute. The Court sustained its jurisdiction and its power to provide forms of process and rules of procedure in the absence of congressional enactments.5 FootnoteThe backlash of state sovereignty sentiment resulted in the proposal and ratification of the Eleventh Amendment. Court Original Jurisdiction. It is to be honored only in appropriate cases. However, another clause of 13 of the Judiciary Act of 1789 was not accorded the same presumption by Chief Justice Marshall, who, interpreting it to give the Court power to issue a writ of mandamus on an original proceeding, declared that, as Congress could not restrict the original jurisdiction, neither could it enlarge it, and he pronounced the clause void.12 FootnoteMarbury v. Madison, 5 U.S. (1 Cr.) Cases, in Law and Equity, arising under this Constitution, the Laws of the 65 (1844); Ex parte Vallandigham, 68 U.S. (1 Wall.) Original cases are commenced by a petition for leave to file a complaint. Although the rule deprives Congress of power to expand or contract the jurisdiction, it allows a considerable latitude of interpretation to the Court itself. Noting that Section 13 of the Judiciary Act referred to controversies of a civil nature, Justice Horace Gray declared that it was passed by the first Congress assembled under the Constitution, many of whose members had taken part in framing that instrument, and is contemporaneous and weighty evidence of its true meaning. 12 Footnote 127 U.S. at 297. Such suits could be brought and maintained in state courts as well. Article III, Section 2, Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. 284 (1831); Ex parte Barry, 43 U.S. (2 How.) The present division is in 28 U.S.C. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Ex parte Bollman, 8 U.S. (4 Cr.) 402 (1792), Kentucky v. Dennison, 65 U.S. (24 How.) Article III, Section 2, Clause 1: Cases and controversies. this concurrent jurisdiction was finally approved by the Court itself.9 FootnoteRhode Island v. Massachusetts, 37 U.S. (12 Pet.) Under Section 13 of the Judiciary Act of 1789, Congress had granted the Court mandamus power (the power to order lower courts or executive officials to perform duties required by law). Soc'y 195 (1994), James E. Pfander, Marbury, Original Jurisdiction, and the Supreme Court's Supervisory Powers, 101 Colum. Article III, Section 2, Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. 75 (1807), New Jersey v. New York, 30 U.S. (5 Pet.) In an earlier case, the question of jurisdiction was not raised. the Court has adopted a liberal construction of its original jurisdiction, but the more usual view is that our original jurisdiction should be invoked sparingly. 15 FootnoteUtah v. United States, 394 U.S. 89, 95 (1968). Pa. 1793). 66, 98 (1861), Marbury v. Madison, 5 U.S. (1 Cr.) This means that the state court has the authority to hear any type of case involving state law. by the 11th Amendment.). Authority; to all Cases affecting Ambassadors, other public Ministers and Id. In Chisholm v. Georgia, the Court considered an action of assumpsit against the State of Georgia by a citizen of another state.3 Footnote2 U.S. (2 Dall.) The Chief Justice declared that a negative or exclusive sense had to be given to the affirmative enunciation of the cases to which original jurisdiction extends. Jurisdiction. Section 4 allows Congress to "at any time by Law make or alter such Regulations [on the times, places, and manner of holding elections to Congress], except as to the . The parties also present briefs, arguments, and Consuls maintained in state courts as.. 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