CH. XXXVIII.]
JUDICIARY—JURISDICTION.
499
as been accordingly limited to a short period of years.[1]
§ 1631. The second section of the third article contains an exposition of the jurisdiction appertaining to the judicial power of the national government. The first clause is as follows: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.[2]
- ↑ The American Insurance Company v. Canter, 1 Peters's Sup. R. 511, 546.
- ↑ It has been very correctly remarked by Mr. Justice Iredell, that "the judicial power of the United States is of a peculiar kind. It is, indeed, commensurate with the ordinary legislative and executive powers of the general government, and the powers, which concern treaties. But it also goes further. When certain parties are concerned, although the subject in controversy does not relate to any special objects of authority of the general government, wherein the separate sovereignties of the separate states are blended in one common mass of supremacy; yet the general government has a judicial authority in regard to such subjects of controversy; and the legislature of the United States may pass all laws necessary to give such judicial authority its proper effect." Chisholm v. Georgia, 2 Dall. 433, 434; S. C. 2 Peters's Cond. R. 641.
