Supreme Court Jurisdiction

Supreme Court Jurisdiction in the United States

Supreme Court of the United States: Jurisdiction

Introduction to Supreme Court Jurisdiction

Article III gives the Supreme Court two types of jurisdiction. The Court’s most important jurisdiction is appellate, the power to hear appeals of cases decided in lower federal courts and state supreme courts. Under Article III, the Court’s appellate jurisdiction extends to seven classes of cases: (1) cases arising under the Constitution, federal law, or treaty; (2) those involving admiralty and maritime matters; (3) those in which the United States itself is a party; (4) cases between two or more states; (5) cases between citizens of different states or foreign countries; (6) cases between a state and individuals or foreign countries; and (7) cases between citizens of the same state if they are disputing ownership of land given by different states. The first category is the most important. In these cases, part of the federal question jurisdiction, the Court issues its most far-reaching constitutional decisions and other major rulings involving federal law.

The Supreme Court has a far less important authority known as its original jurisdiction, which includes cases that have not been previously heard in other courts. This gives the Court the power to sit as a trial court to hear cases affecting ambassadors and other foreign officials, and in cases in which a state is a party. The Court rarely exercises its original jurisdiction, since Congress has granted concurrent jurisdiction over most of these cases to the lower courts. Only disputes between two or more states must be heard initially in the Supreme Court. In 1997 and 1998, for example, it heard a dispute between New York and New Jersey over the ownership of Ellis Island.

Congress cannot alter the Supreme Court’s original jurisdiction, but Article III of the Constitution gives it power to control the Court’s appellate jurisdiction. The Court may not exercise any of its appellate jurisdiction without congressional authorization, and Congress may limit the appellate jurisdiction however it chooses. Congress has authorized the Court to use its full appellate jurisdiction, except on rare occasions.” (1)

Resources

Notes and References

Guide to Supreme Court Jurisdiction

Supreme Court Jurisdiction in the Context of International Disputes

Supreme Court Jurisdiction is a popular issue in the topic of international civil disputes in the United States.

Resources

See Also

  • International Tort
  • Discovery in International Civil Litigation
  • International Litigation
  • Civil Litigation Law
  • Choice of Forum Clause

Posted

in

, ,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *