Does the US Supreme Court hear cases involving ambassadors?

Answer 1

Answer

Usually in US District Court, although the US Supreme Court may exercise its discretion to hear cases involving ambassadors under original jurisdiction.

Explanation

Article III, Section 2, Paragraph 2 of the US Constitution explicitly granted the US Supreme Court original jurisdiction over cases involving ambassadors and other foreign dignitaries:

"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."

The Constitution granted the Supreme Court originaljurisdiction, but allowed Congress to determine whether the jurisdiction would be exclusive or shared.

Congress required the Supreme Court to exercise exclusive jurisdiction over cases involving ambassadors until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over these cases (Public Law 95-393).

The Supreme Court has discretion to conduct the trial itself, or to remand the case to US District Court for disposition.

28 USC § 1251. Original jurisdiction

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

For more information, see Related Questions, below.

Answer 2

Answer

The US Supreme Court has original, but not exclusive jurisdiction over cases involving ambassadors; they have original and exclusive jurisdiction over disputes between the states.

1. Disputes between states: Supreme Court of the United States
2. Cases against ambassadors, etc.: Supreme Court or US District Court

Explanation

Article III, Section 2, of the US Constitution granted original jurisdiction over cases concerning ambassadors to the Supreme Court; however, this jurisdiction is not exclusive, meaning Congress can also designate other federal courts to share jurisdiction and conduct trials for this class of case.

At present, federal law (28 USC § 1251) allows cases concerning ambassadors to be held in US District Court, as well as in the Supreme Court. If a case involving an ambassador is petitioned to the Supreme Court, the justices have full discretion to accept the case or remand it to US District Court for trial.

The US Supreme Court always hears disputes between the states under original jurisdiction.

FEDERAL LAW

Title 28 U.S.C. § 1251

Original Jurisdiction

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

For more information, see Related Questions, below.

Answer 3

Not at this time.

Although the Constitution grants the Supreme Court original jurisdiction over cases involving ambassadors, it also allows Congress to determine whether the original jurisdiction would be exclusive or shared.

Congress required the Supreme Court to exercise exclusive jurisdiction over cases involving ambassadors until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over these cases (Public Law 95-393).

The Supreme Court has discretion to conduct the trial itself, or to remand the case to US District Court for disposition. At present, these cases are first heard in US District Court.

Answer 4

The US Supreme Court has original, but not exclusive, jurisdiction over cases concerning ambassadors. Congress granted the US District Courts concurrent jurisdiction over this class of cases (28 USC § 1251), and allows the Supreme Court justices to determine whether to accept a petition under original jurisdiction or remand the case to US District Court.

For more information, see Related Questions, below.

Answer 5

Not typically. Although the US Supreme Court has the right of original (trial) jurisdiction in cases involving ambassadors, consuls, etc., under Article III, Section 2 of the US Constitution, as of 1978, they no longer have exclusive jurisdiction over these cases.

According to federal law, the justices may choose to try cases involving ambassadors or remand them to US District Courtsfor disposition.

28 USC § 1251. Original jurisdiction

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

For more information, see Related Questions, below.

Answer 6

Yes, the US Supreme Court has original (trial) jurisdiction over these cases, granted both by the Constitution and federal law; however, they don't have exclusive, original jurisdiction. Most cases involving ambassadors and other foreign dignitaries are tried in the appropriate US District Court.

28 USC § 1251 Original Jurisdiction

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

Answer 7

Not at this time.

Although the Constitution grants the Supreme Court original jurisdiction over cases involving ambassadors, it also allows Congress to determine whether the original jurisdiction would be exclusive or shared.

Congress required the Supreme Court to exercise exclusive jurisdiction over cases involving ambassadors until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over these cases (Public Law 95-393).

The Supreme Court has discretion to conduct the trial itself, or to remand the case to US District Court for disposition. At present, these cases are first heard in US District Court.

Answer 8

The Federal Court System