The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
102. The jurisdiction of the Supreme Court of the United States is
both original and appellate. Its original jurisdiction is defined in
the Constitution as “in all cases affecting ambassadors, other public
ministers and consuls, and those in which a State is a party.”[255]
The Court can have original jurisdiction in no other cases, nor can
Congress extend or diminish the Court’s jurisdiction. Thus to the words
in the Constitution conferring original jurisdiction on the Court “a
negative or exclusive sense must be given, or they have no operation
at all.”[256] The original jurisdiction of the Supreme Court was
conferred because of the dignity and rank of the Court, and the rank
of the parties thus privileged to appear before it at first instance.
Ambassadors, public ministers, and consuls represent sovereignties,
and a State in the Union is “for some purposes sovereign, for some
purposes subordinate.”[257] On this delegation of original jurisdiction
Chief Justice Marshall remarks: “There is, perhaps, no part of the
article under consideration so much required by national policy as
this.”[258] The rank of the parties is the reason for giving them the
right to begin their case in the Supreme Court. They are not excluded
from beginning it in some other court. But Congress, in establishing
an inferior court, may deny to it any jurisdiction in cases to which
foreign representatives are a party.[259] The right of ambassadors,
public ministers, and consuls to begin their suits in the Supreme
Court is a privilege accorded them because of their governments, and
not because of themselves. As they are accredited to the Government
of the United States and not to any State government, it is proper
that the United States courts, and of these the Supreme Court, should
have original jurisdiction in their cases.[260] In all the other
cases mentioned in the Constitution the Supreme Court has appellate
jurisdiction; that is, cases come before the Court on appeal from the
decision of some inferior federal court, or from some State court, as
provided by law. The entire procedure in an appeal to the Supreme Court
is regulated by Congress. If a party, whether private person, private
corporation, or public corporation, citizen, or State is within the
jurisdiction of the United States, then that person or corporation, if
a party to a case or controversy at law, is within the jurisdiction of
a federal court. The Constitution is the supreme law of the land and
this Constitution, the acts of Congress and the treaties made by its
authority are the law of federal jurisdiction. Thus it is commonly and
truly said, that whensoever the Constitution, or a treaty, or an act of
Congress is involved in the controversy, the federal courts (as their
several jurisdictions are determined by law) have jurisdiction in the
case. The principle is one of sovereignty.
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