We the People Act(HR 3893 IH)March 4, 2004 To limit the jurisdiction of the Federal courts, and for other purposes. Mr. PAUL (for himself and Mr. BARTLETT of Maryland) introduced the bill in the 108th Congress and needs to be introduced in the 109th Congress.

Sunday, December 19

Original & Appellate Jurisdictions

Article. III. Section 1.

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.

Section 2. Clause 1

: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Clause 2

: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have ORIGINAL Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have APPELLATE Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Note - between a State and Citizens of another State; (Amendment XI prevents individuals from suing another state in any federal court)

Notes on Article 3, Section 2, Clause 1 & 2

Clause 1 enumerates jurisdictions, and clause 2 classifies jurisdictions enumerated in clause 1 into original or appellate jurisdiction. The first in the list of enumerated jurisdictions in clause 1 is the first half of the first sentence in clause 2. Identifying the remainder of original jurisdiction cases only requires determining which cases have one or more States as a Party. 'Between a State and citizen of that State' isn't explicitly stated anywhere in the Constitution. Martin v. Hunter's Lessee, 1 Wheat. 304 (1816), assumed that the USSC could review a state court decision, and that assumption could only be implied under appellate jurisdiction. The Constitution only explicitly gives the Supreme Court appellate jurisdiction over cases originating in the lower federal courts. A Constitutional amendment stating;"between a State and a Citizen of that State," would empower the USSC to review a state court decision under original jurisdiction.

If the belabored explanation above fails to convince, perhaps the following appeal to authority will. Either way, the difference is critical to understand Article 3.

The words in the constitution, 'in all cases ... in which a state shall be party, the supreme court shall have original jurisdiction,' necessarily refer to all cases mentioned in the preceding clause in which a state may be made of right a party defendant, or in which a state may of right be [143 U.S. 621, 644] a party plaintiff. It is admitted that these words do not refer to suits brought against a state by its own citizens or by citizens of other srtates, or by citizens or subjects of foreign states, even where such suits arise under the constitution, laws, and treaties of the United States, because the judicial power of the United States does not extend to suits of individuals against states. United States v. Texas, 143 U.S. 621

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