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Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear ...
The question raised was whether the federal district courts have original federal question jurisdiction under 28 U.S.C. § 1331 when a claim arises out of a federal statute that has not specifically granted a private right to a cause of action.
Congress did not create a consistent federal question jurisdiction, which allows federal courts to hear any case alleging a violation of the Constitution, laws, and treaties of the United States, until 1875, when Congress created the statute which is now found at 28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all ...
The question raised was whether the federal district courts have original federal question jurisdiction under 28 U.S.C. § 1331 [2] when a claim arises out of a federal statute that has not specifically granted a private right to a cause of action. The case considered several different tests to determine when a case is covered under original ...
The enabling statute for federal question jurisdiction, 28 U.S.C. § 1331, provides that the district courts have original jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States. As mentioned before, this jurisdiction by default is not exclusive; states can also hear claims based on federal law.
The Supreme Court found that his claim fell within the general federal question jurisdiction under 28 U.S.C. § 1331. The question was accordingly not whether the CSRA precluded jurisdiction, but whether it divested the federal courts of the jurisdiction that is generally conferred by section 1331.
On November 14, 1972, the government filed suit in the United States District Court for the District of Colorado, asserting jurisdiction under both 28 U.S.C. § 1331 (the federal question jurisdiction statute) and 28 U.S.C. § 1345, which grants the United States district courts with original jurisdiction over all civil actions in which the ...
But it had not, and since Doyle's claim to federal-question jurisdiction seemed like a legitimate constitutional issue and not one claimed for the sole purpose of obtaining federal jurisdiction, "we leave those questions for another day, and assume, without deciding, that the respondent could sue under § 1331 without regard to the limitations ...