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CONSTITUTION OF THE U. STATES.
[BOOK III.
§ 1641. Cases arising under the constitution, as contradistinguished from those, arising under the laws of the United States, are such as arise from the powers conferred, or privileges granted, or rights claimed, or protection secured, or prohibitions contained in the constitution itself, independent of any particular statute enactment. Many cases of this sort may easily be enumerated. Thus, if a citizen of one state should be denied the privileges of a citizen in another state;
[1] if a state should coin money, or make paper money a tender; if a person, tried for a crime against the United States, should be denied a trial by jury, or a trial in the state, where the crime is charged to be committed; if a person, held to labour, or service in one state, under the laws thereof, should escape into another, and there should be a refusal to deliver him up to the party, to whom such service or labour may be due; in these, and many other cases, the question, to be judicially decided, would be a case arising under the constitution.
[2] On the other hand, cases arising under the laws of the United States are such, as grow out of the legislation of congress, within the scope of their constitutional authority, whether they constitute the right, or privilege, or claim, or protection, or defence, of the party, in whole or in part, by whom they are asserted.
[3] The same reasoning applies to cases arising under treaties. Indeed, wherever, in a
judi-
Resolutions and Report, January, 1800, p. 28; Marbury v. Madison, 1 Cranch's R. 137, 173, 174; Owing v. Norwood, 5 Cranch, R. 344. See 2 Elliot's Debates, 418, 419.
- ↑ The Federalist, No. 80.
- ↑ 1 Tucker's Black. Comm. App. 418, 419; ante, Vol. II. § 533.
- ↑ Marbury v. Madison, 1 Cranch, 137, 173, 174.
