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Name two provisions that the constitution makes regarding the federal courts and their jurisdictions?
Wiki User
∙ 9y ago
Both Article III, Section 2 and Amendment XIspecify federal court jurisdiction:
Article III, Section 2
"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;--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."
Amendment XI
"The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."
How Federal Jurisdiction is Exercised
According to Article III, Section 2 of the Constitution, the Supreme Court has original (but not necessarily exclusive) jurisdiction over the following types of cases:
- cases affecting ambassadors, public ministers and consuls
- cases of admiralty and maritime jurisdiction
- cases where the United States is a party
- disputes between two or more states (Supreme Court has original and exclusive jurisdiction)
- cases between a state and citizens of another state**
- cases between citizens of different states*
- cases between citizens of the same state claiming lands under grants made by different states and between a state, or citizens thereof and foreign states citizens and subjects
* Cases between citizens of different states may be heard either by the state courts of the person filing the case, or in federal court under "federal diversity jurisdiction."
** The Eleventh Amendment revoked the Supreme Court's original jurisdiction over disputes "between a state and citizens of another state," due to the Court's decision in Chisholm v. Georgia,(1793), in which the Jay Court decided the states lacked sovereign immunity from being sued for debt acquired during the Revolutionary War. Congress and the states rightfully feared this could bankrupt the states, and quickly passed the Eleventh Amendment.
The Supreme Court later decided the Eleventh Amendment should be extended to include disputes between a state and its own citizens
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoArticle III of the constitution describes the judicial branch of the federal government.
This is 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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2.
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;--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.
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 Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Wiki User
∙ 9y agoThere are two provisions that the constitution makes regarding the federal courts and their jurisdictions. These are the special courts and the constitutional courts.
Wiki User
∙ 13y ago1.) the constitutional courts and 2.) the special courts
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Does the state militia negotiate the provisions of the federal government true or false?
The state militia negociates the provisions of the federal goverment?
Have provisions of the Bill of Rights been made binding upon the states?
The Bill of Rights covers all the United States and federal law supersedes state law.
What document gives the plan for the federal government?
The United States Constitution outlines the structure of the United States government
What is the budget of Federal Office for the Protection of the Constitution?
The budget of Federal Office for the Protection of the Constitution is 155,238,306 euros.
Can the constitution be amended in such a manner so as to complete exclude any role for the national government of the US?
No. Nothing in a state constitution can over ride the federal constitution. There are specific things listed in the federal constitution that are limited only to the federal government.
The bill of rights is the name given to provisions whose actual form is?
the first ten amendments to the federal Constitution
Which branch of government determines federal court jurisdictions?
The Legislative Branch determines court jurisdiction except where the Constitution specifies otherwise.
What article is court cases in federal jurisdiction?
Article III of the Constitution discusses what types of court cases are heard in federal courts, and which are heard under the Supreme Court's original and appellate jurisdictions.
Was self government implied in the Constitution?
Regarding the US Constitution, the answer is yes. The states created the federal government and whatever laws not covered in it were left to the states.
Does the state militia negotiate the provisions of the federal government true or false?
The state militia negociates the provisions of the federal goverment?
What is the Constitution of the US of America?
The Constitution of the United States comprises the primary law of the U.S. Federal Government. It also describes the three chief branches of the Federal Government and their jurisdictions. In addition, it lays out the basic rights of citizens of the United States. The Constitution of the United States is the oldest Federal constitution in existence and was framed by a convention of delegates from twelve of the thirteen original states in Philadelphia in May 1787. The Constitution is the landmark legal document of the United States
The idea that states can declare a federal law unconstitutional is called?
Secession, as happened to precipitate the U.S. Civil War. The Supremacy Clause of the U.S. Constitution provides for the the primacy of federal law in the States, as does its constitutional-law progeny, the doctrine of federal preemption.Certain provisions of State Constitutions can be upheld by State Supreme Courts, and when upheld in a certain manner, the Supreme Court of the United States voluntarily abstains from jurisdiction according to the doctrine of adequate and independent State grounds. But even then, such judicial decisions cannot narrow or contravene federal Constitutional law. For instance, the eminent domain provisions of the Florida Constitution are broader than those found in the U.S. Constitution, but the Florida Supreme Court could not uphold a provision in the Florida Constitution or an Act of the Florida Legislature declaring narrower eminent-domain provisions than those in the U.S. Constitution.
Should Federal laws prohibit the use of animals in medical research?
According to the Constitution, any powers not already given to the federal government are reserved by the individual states. You would have to see if the Constitution can be interpreted in such a way that medical research using animals is covered by any of its provisions.
Definition of federal courts?
The court system handling civil and criminal cases determined by the Constitution's jurisdictions and federal statutes. Federal courts include federal district courts, district courts of appeals, the U.S. Supreme Court, and specialized courts such as bankruptcy, tax, claims, and veterans' appeals.
What are the different jurisdictions of the federal and state courts?
A difference between state and federal courts is that the federal court is limited to the types of cases listed in the Constitution, while the state courts have broad jurisdiction. Since both of the courts have jurisdiction, parties are allowed to choose to be heard by the federal or state court.
Have provisions of the Bill of Rights been made binding upon the states?
The Bill of Rights covers all the United States and federal law supersedes state law.
Which argument did Abraham Lincoln use against the secession of the south?
I believe one argument he made was that there are no provisions for cessation in the Constitution. One problem with the argument is that according to the Constitution any powers not given to the federal government are reserved to the states.
