Eleanor Finch
Original jurisdiction refers to a court's authority to hear a case for the first time. In the United States, the Constitution establishes the Supreme Court's original jurisdiction over specific cases, as outlined in Article III, Section 2. This includes suits between two or more states, cases involving ambassadors, and those where a state is a party. The Supreme Court's original jurisdiction is self-executing, and Congress cannot expand or restrict it. The Court's original jurisdiction was established to provide a tribunal for disputes involving states and foreign nations, with the power to resolve conflicts between states in the new union. The Supreme Court's role in the constitutional system is significant, as it serves as the highest court, protects civil rights, and ensures that each branch of government respects its limits.
| Characteristics | Values |
|---|---|
| Original jurisdiction | A court's authority to hear and decide a case for the first time before any appellate review occurs |
| The court with original jurisdiction in the U.S. | The Supreme Court |
| The Constitution's role in establishing the Supreme Court's original jurisdiction | Article III, Section 2 of the Constitution grants the Supreme Court original jurisdiction over select cases |
| The types of cases the Supreme Court has original jurisdiction over | Cases affecting ambassadors, other public ministers and consuls, and those in which one of the 50 states is a party |
| The Supreme Court's power to decide whether to hear a case | The Supreme Court has discretion over whether or not to hear a case |
| The Supreme Court's role in the constitutional system of government | The court of last resort for those seeking justice; ensures each branch of government recognizes its limits; protects civil rights and liberties by striking down laws that violate the Constitution; sets appropriate limits on democratic government |
| The Supreme Court's concurrent jurisdiction with lower courts | The Supreme Court has concurrent jurisdiction with lower courts in some cases, such as those involving territorial or water rights disputes |
| The role of Congress in the Supreme Court's original jurisdiction | Congress cannot expand or restrict the Supreme Court's original jurisdiction, but it can limit its appellate jurisdiction |
| The original jurisdiction clause | Adopted by the framers due to state sovereign immunity and the inadequacy of appellate jurisdiction for enforcing federal laws against states |
| The impact of the Supreme Court's decisions | The Supreme Court's decisions have an important impact on society, influencing the interpretation of the Constitution and the protection of civil rights and liberties |
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What You'll Learn
The Supreme Court's original jurisdiction
The Supreme Court is the highest court in the United States, and its role is to be the court of last resort for those seeking justice. It also has the power of judicial review, which ensures that each branch of the government recognizes the limits of its power. The Court also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic governments.
Article III of the Constitution establishes the federal judiciary and the jurisdiction of the Supreme Court. The Supreme Court's original jurisdiction is governed by Article III, Section 2 of the United States Constitution, which grants the Court the authority to hear and decide on certain cases for the first time before any appellate review occurs. This includes cases affecting ambassadors, other public ministers and consuls, and those in which one of the states is a party. The Court has also interpreted the Constitution to give it original jurisdiction in suits between a state and citizens of another state.
The original jurisdiction clause was included in the Constitution to promote both international and domestic peace. It was intended to broadly cover foreign affairs and resolve disputes between states in the new union. The framers of the Constitution adopted the original jurisdiction clause due to state sovereign immunity and the inadequacy of appellate jurisdiction for enforcing federal laws against the states.
The Supreme Court has exclusive original jurisdiction in some cases, such as suits between two or more states, and concurrent original jurisdiction with lower courts in other cases. The exercise of original jurisdiction by the Supreme Court is discretionary and is determined on a case-by-case basis. The Court has manifested a tendency toward a liberal construction of its original jurisdiction, but the more common view is that it should be invoked sparingly.
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Concurrent jurisdiction
The original jurisdiction of the Supreme Court is established by Article III, Section II of the US Constitution. This outlines the Court's legal ability to preside over certain cases, such as suits between two or more states, or cases involving ambassadors and other public ministers.
Article III, Section I of the Constitution also establishes the federal judiciary, stating that "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." This gives Congress the power to decide how to organize the Supreme Court, and it first did so with the Judiciary Act of 1789, which created a Supreme Court of six justices and established the lower federal court system.
The original jurisdiction clause was intended to cover foreign affairs and resolve disputes between states in the new union. It also restricts Congress's power to provide for geographically inconvenient trials.
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Original jurisdiction and the Constitution
Original jurisdiction is the power of a court to hear a case for the first time, as opposed to appellate jurisdiction, where a higher court has the power to review a lower court's decision. Original jurisdiction is important to promote both international and domestic peace.
Article III of the US Constitution establishes the federal judiciary and the jurisdiction of the Supreme Court. Article III, Section 2 grants the Supreme Court original jurisdiction over select cases, namely those affecting ambassadors, other public ministers and consuls, and those in which one of the 50 states is a party. The Supreme Court has assumed that its original jurisdiction flows directly from the Constitution and is therefore self-executing without further action by Congress.
The Supreme Court's original jurisdiction was at the center of the framers' plan to secure the enforcement of federal law against the states. The original jurisdiction clause was intended to broadly cover foreign affairs and restrict Congress's power to provide for geographically inconvenient trials. The clause also specifies cases that Congress cannot take away from the Court.
The Supreme 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". Exercise of its original jurisdiction is not obligatory on the Court but discretionary, to be determined on a case-by-case basis on grounds of practical necessity.
In the federal court system and those of most US states, there are several types of trial courts with original jurisdiction over specific types of matters. In both the federal and most state court systems, the trial courts of "general jurisdiction" hear appeals from trial courts of limited original jurisdiction.
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The Judiciary Act of 1789
Original jurisdiction refers to the legal ability of the Supreme Court to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers.
One of the key provisions of the Judiciary Act of 1789 was the establishment of a Supreme Court with six justices, including one Chief Justice and five Associate Justices. This marked the beginning of a separate federal judiciary, which had been a contentious issue during the debates over the ratification of the Constitution. The Act also set out the original jurisdiction of the Supreme Court, granting it exclusive original jurisdiction over civil actions between states or between a state and the United States, and suits involving ambassadors. Additionally, the Act included the Alien Tort Statute, which provided jurisdiction to district courts over lawsuits by aliens for torts violating international laws or US treaties.
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Original jurisdiction and state sovereign immunity
The original jurisdiction of the Supreme Court is established by Article III, Section II of the US Constitution. This grants the Court original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. The Court's original jurisdiction is also intended to cover foreign affairs and resolve disputes between states in the new union.
The Supreme Court has assumed that its original jurisdiction is self-executing and flows directly from the Constitution. However, Congress has also played a role in shaping the Court's jurisdiction through the Judiciary Act of 1789, which gave the Court original jurisdiction to issue writs of mandamus. The Court has the discretion to determine whether to exercise its original jurisdiction on a case-by-case basis, considering the seriousness and dignity of the claim, as well as the availability of other forums with jurisdiction.
State sovereign immunity, on the other hand, refers to the principle that a sovereign entity, such as a federal or state government, cannot be sued without its consent. While the US Constitution did not directly address state sovereign immunity, it was discussed during the Constitution ratification debates and has been a subject of interpretation by the Supreme Court. In Chisholm v. Georgia, the Court held that a citizen of one state could sue another state, but this ruling was later superseded by the Eleventh Amendment, which clarified that citizens of one state could not sue another state.
The interplay between original jurisdiction and state sovereign immunity is complex. While original jurisdiction grants the Supreme Court the power to hear certain cases, state sovereign immunity provides states with a defence against being sued. In certain circumstances, states can invoke sovereign immunity in suits brought against them, including those brought by their own citizens in federal court or by foreign states. However, states cannot invoke sovereign immunity when sued by the federal government to enforce federal laws or by another state in federal court. The federal government has also waived sovereign immunity to a limited extent through acts such as the Federal Tort Claims Act and the Tucker Act.
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Frequently asked questions
Original jurisdiction refers to a court's authority to hear and decide a case for the first time before any appellate review occurs.
The Supreme Court has original jurisdiction over select cases, including suits between two or more states, cases involving ambassadors, other public ministers and consuls, and those in which one of the 50 states is a party.
No, Congress cannot expand or restrict the Supreme Court's original jurisdiction. However, the Court itself has some latitude in interpreting its original jurisdiction.
Article III, Section 2 of the US Constitution grants the Supreme Court original jurisdiction over specific cases, while Section 1 establishes the federal judiciary.
