SECTION. 2.
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 the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State (Modified by Amendment XI); ;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
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. 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.
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Article. XI. Proposed 1794; Ratified 1798
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.
The jurisdiction of the federal courts is limited by subject matter. The federal courts can hear cases “arising under” the Constitution, U.S. laws, and treaties with foreign nations—as well as cases involving diplomats and the law of the sea. The federal courts also have jurisdiction over cases involving certain parties, such as the United States government or citizens of different states. So this provision of Article III was to avoid the possibility of prejudice by state courts against the federal government or citizens of other states.
Sorry, been healing a bruised liver from this past weekend, yearly b-day gala. Not as "liquid" fit as me once was but as good as I ever was. Thank you for your comments and read alongs. sharky
2 comments:
it would seem to be saying that it had jurisdiction over all except within the realm of each of the state governments.
Griper, my most sincere apologise. I have been playing catch up at work and home. The storms have put me behind. This week end I have to finish the garden and get the onions and taters in the ground. So I am sorry to leave you hanging. I have given your comment some thought thru the last few days, I had to find where I read it, TJ always comes to mind and I was correct ---
"We have... [required] a vote of two-thirds in one of the Houses for removing a judge; a vote so impossible where any defense is made before men of ordinary prejudices and passions, that our judges are effectually independent of the nation. But this ought not to be. I would not indeed make them dependent on the Executive authority, as they formerly were in England; but I deem it indispensable to the continuance of this government that they should be submitted to some practical and impartial control, and that this, to be impartial, must be compounded of a mixture of state and federal authorities." --Thomas Jefferson: Autobiography, 1821.
And mostly this --
"It has long been my opinion, and I have never shrunk from its expression,... that the germ of dissolution of our Federal Government is in the constitution of the Federal Judiciary--an irresponsible body (for impeachment is scarcely a scare-crow), working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction until all shall be usurped from the States and the government be consolidated into one. To this I am opposed." --Thomas Jefferson to Charles Hammond, 1821.
Griper, I will be looking in later and posting the next section. For now I must get back to the tiller. Farm life - one can't beat it. sharky
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