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The original jurisdiction of the U.S. Supreme Court is governed by Article III, Section 2 of the United States Constitution [2] and Title 28 of the United States Code, section 1251. Most commonly, original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes.
The original jurisdiction of the court is set forth in 28 U.S.C. § 1251. This statute provides that lower federal courts may also hear cases where the Supreme Court has original jurisdiction, [1]: 19–20 with the exception of disputes between two or more states.
Madison, [20] one of the seminal cases in American law, the Supreme Court held that it was unconstitutional because it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. The case was the first that clearly established that the judiciary can and must interpret what the Constitution ...
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction in cases involving writs of mandamus. So, under the Judiciary Act, the Supreme Court would have had jurisdiction to hear Marbury's case. However, the Constitution describes the cases in which the Supreme Court has original jurisdiction, and does not include mandamus cases. [52]
The Congress may not, however, amend the Court's original jurisdiction, as was found in Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) (the same decision which established the principle of judicial review). Marbury held that Congress can neither expand nor restrict the original jurisdiction of the Supreme Court. However, the appellate ...
The Article I courts with original jurisdiction over specific subject matter include the bankruptcy courts (for each district court), the Court of Federal Claims, and the Tax Court. Article IV courts include the High Court of American Samoa and territorial courts such as the District Court for the Northern Mariana Islands , District Court of ...
It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be ...
This amendment rendered inoperative or moot several of the original parts of the constitution. [160] The Fourteenth Amendment (1868) granted United States citizenship to former slaves and to all persons "subject to U.S. jurisdiction." It also contained three new limits on state power: a state shall not violate a citizen's privileges or ...