Federal jurisdiction (United States)

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Federal jurisdiction refers to the legal scope of the government's powers in the United States of America.

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The United States is a federal republic, governed by the U.S. Constitution, containing fifty states and a federal district which elect the President and Vice President, and having other territories and possessions in its national jurisdiction. This government is variously known as the Union, the United States, or the federal government.

Under the Constitution and various treaties, the legal jurisdiction of the United States includes territories and territorial waters. [1]

Legislative Branch

One aspect of federal jurisdiction is the extent of legislative power. Under the Constitution, Congress has power to legislate only in the areas that are delegated to it. Under clause 17 Article I Section 8 of the Constitution however, Congress has power to "exercise exclusive Legislation in all cases whatsoever" over the federal district (Washington, D.C.) and other territory ceded to the federal government by the states, such as for military installations.

Federal jurisdiction in this sense is important in criminal law because federal law does not supersede state criminal law. Congress has enacted the Assimilative Crimes Act (18 U.S.C.   § 13), which provides that any act that would have been a crime under the laws of the state in which a federal enclave is situated is also a federal crime. As most such enclaves are occupied by the military, military law is especially concerned with these enclaves, especially the issue of establishing who has jurisdiction and what type of jurisdiction. In such areas, the federal government may have proprietary jurisdiction (rights as landowner), concurrent jurisdiction (with federal and state law applicable), or exclusive jurisdiction over the land where an act was committed. Courts-martial involving military members subject to the Uniform Code of Military Justice apply regardless of location.

Article Four of the United States Constitution also states that the Congress has the power to enact laws respecting the Territory or other Property belonging to the United States.Federal jurisdiction exists over any territory thus subject to laws enacted by the Congress.

Judicial branch

U.S. Court of Appeals and District Court jurisdictions US Court of Appeals and District Court map.svg
U.S. Court of Appeals and District Court jurisdictions

The American legal system includes both state courts and federal courts. State courts hear cases involving state law, and such federal laws as are not restricted to hearing in federal courts. Federal courts may only hear cases where federal jurisdiction can be established. Specifically, the court must have both subject-matter jurisdiction over the matter of the claim and personal jurisdiction over the parties.

The Federal Courts are courts of limited jurisdiction, meaning that they only exercise powers granted to them by the Constitution and Federal Laws. There are several forms of subject-matter jurisdiction, but the two most commonly appealed to are federal-question jurisdiction and diversity jurisdiction. Federal question jurisdiction is available when the plaintiff raises a claim that arises under the laws, treaties, or Constitution of the United States, as opposed to claims arising under state law. [2] By the "Well-Pleaded Complaint" rule, federal question jurisdiction is not available if the federal issue arises only as a defense to a state-law claim. [3] Diversity jurisdiction, on the other hand, is available regarding state-law claims if every plaintiff is from a different state from every defendant (the requirement for so-called complete or total diversity) and the amount in controversy exceeds $75,000. [4]

If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other state law claims.

The Supreme Court has "cautioned that ... Court[s] must take great care to 'resist the temptation' to express preferences about [certain types of cases] in the form of jurisdictional rules. Judges must strain to remove the influence of the merits from their jurisdictional rules. The law of jurisdiction must remain apart from the world upon which it operates". [5]

Generally, when a case has successfully overcome the hurdles of standing, Case or Controversy and State Action, it will be heard by a trial court. The non-governmental party may raise claims or defenses relating to alleged constitutional violation(s) by the government. If the non-governmental party loses, the constitutional issue may form part of the appeal. Eventually, a petition for certiorari may be sent to the Supreme Court. If the Supreme Court grants certiorari and accepts the case, it will receive written briefs from each side (and any amici curiae or friends of the court—usually interested third parties with some expertise to bear on the subject) and schedule oral arguments. The Justices will closely question both parties. When the Court renders its decision, it will generally do so in a single majority opinion and one or more dissenting opinions. Each opinion sets forth the facts, prior decisions, and legal reasoning behind the position taken. The majority opinion constitutes binding precedent on all lower courts; when faced with very similar facts, they are bound to apply the same reasoning or face reversal of their decision by a higher court.

Related Research Articles

Article Three of the United States Constitution Portion of the US Constitution regarding the judicial branch

Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.

Article Four of the United States Constitution Portion of the US Constitution regarding states

Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.

United States district court trial court of the United States federal court system

The United States district courts are the general trial courts of the United States federal judiciary. Both civil and criminal cases are filed in district courts, each of which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States district court. Each federal judicial district has at least one courthouse, and many districts have more than one. Most decisions of district courts may be appealed to the respective court of appeals of their circuit, with a small number instead being appealable to the Federal Circuit, or directly to the Supreme Court.

Federal government of the United States National government of the United States

The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.

In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters. The United States asserts sovereign rights for exploring, exploiting, conserving, and managing its territory. This extent of territory is all the area belonging to, and under the dominion of, the United States federal government for administrative and other purposes. The United States total territory includes a subset of political divisions.

Political divisions of the United States States, the District of Columbia, territories; and their subdivisions

Political divisions of the United States are the various recognized governing entities that together form the United States – states, the District of Columbia, territories and Indian reservations.

Territories of the United States Political division that is directly overseen by the United States federal government

Territories of the United States are sub-national administrative divisions overseen by the United States government. The various U.S. territories differ from the U.S. states and Native American tribes in that they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally-recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation". Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. U.S. territories are under U.S. sovereignty and, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories.

The Insular Cases are a series of opinions by the U.S. Supreme Court in 1901, about the status of U.S. territories acquired in the Spanish–American War, and the periods shortly thereafter. When the war ended in 1898, the United States had to answer the question of whether or not people in newly acquired territories were citizens, a question the country had never faced before. The preliminary answer came from a series of Supreme Court rulings, now known as the Insular Cases, which responded to the question of how American constitutional rights apply to those in United States territories. The Supreme Court held that full constitutional protection of rights does not automatically extend to all places under American control. This meant that inhabitants of unincorporated territories such as Puerto Rico—"even if they are U.S. citizens"—may lack some constitutional rights. Today, many legal scholars refer to the Insular Cases as a constitutional justification for colonialism and annexation of places not within United States boundaries. The Insular Cases "authorized the colonial regime created by Congress, which allowed the United States to continue its administration—and exploitation—of the territories acquired from Spain after the Spanish–American War." These Supreme Court rulings allowed for the United States government to extend unilateral power over these newly acquired territories.

Commonwealth is a term used by two unincorporated territories of the United States in their full official names. The territories are: the Northern Mariana Islands, whose full name is Commonwealth of the Northern Mariana Islands and Puerto Rico, which is named Commonwealth of Puerto Rico in English and Estado Libre Asociado de Puerto Rico in Spanish, translating to "Free Associated State of Puerto Rico." The term was also used by the Philippines during most of its period under U.S. sovereignty, when it was officially called the Commonwealth of the Philippines.

Downes v. Bidwell, 182 U.S. 244 (1901), was a case in which the US Supreme Court decided whether US territories were subject to the provisions and protections of the US Constitution. The issue is sometimes stated as whether the Constitution follows the flag. The decision narrowly held that the Constitution does not necessarily apply to territories. Instead, the US Congress has jurisdiction to create law within territories in certain circumstances, particularly those dealing with revenue, which would not be allowed by the Constitution for US states. It has become known as one of the "Insular Cases."

Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States.

The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded.

United States District Court for the District of Puerto Rico United States district court in Puerto Rico

The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario United States Courthouse located in the Hato Rey district of San Juan. The magistrate judges are located in the adjacent Federico Degetau Federal Building, and several senior district judges hold court at the Jose V. Toledo Federal Building and U.S. Courthouse in Old San Juan. The old courthouse also houses the U.S. Bankruptcy Court. Most appeals from this court are heard by the United States Court of Appeals for the First Circuit, which is headquartered in Boston but hears appeals at the Old San Juan courthouse for two sessions each year. Patent claims as well as claims against the U.S. government under the Tucker Act are appealed to the Federal Circuit.

Under United States Law, an unincorporated territory is an area controlled by the U.S. federal government that is not "incorporated" for the purposes of United States constitutional law. In unincorporated territories, the U.S. Constitution applies only partially. In unincorporated territories, "fundamental rights apply as a matter of law, but other constitutional rights are not available". Selected constitutional provisions apply, depending on congressional acts and judicial rulings according to U.S. constitutional practice, local tradition, and law. As such, these territories are often considered colonies of the United States.

U.S. state Constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders.

Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until 1898 and thereafter derived their nationality from the United States. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States' nationals, Puerto Ricans are both citizens of the United States and citizens of the Commonwealth of Puerto Rico. Citizenship is the relationship between the government and the governed, the rights and obligations that each owes the other, once one has become a member of a nation. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizenship and controversy because of distinctions between jurisdictions of the United States. These differences have created what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.

Torres v. Puerto Rico, 442 U.S. 465 (1979), was a United States Supreme Court case holding that the Fourth Amendment guarantee against unreasonable search and seizure applies to Puerto Rico.

Law of Puerto Rico Mix of the civil law and the common law systems

The legal system of Puerto Rico is a mix of the civil law and the common law systems.

Political status of Puerto Rico Unincorporated territory of the United States

The political status of Puerto Rico is that of an unincorporated territory of the United States. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state. Because of that ambiguity, the territory, as a polity, lacks certain rights but enjoys certain benefits that other polities have or lack. For instance, in contrast to U.S. states, Puerto Rico residents cannot vote in U.S. presidential elections nor can they elect their own senators and representatives to the U.S. Congress. On the other hand, in contrast to U.S. states, only some residents of Puerto Rico are subject to federal income taxes. The political status of the island thus stems from how different Puerto Rico is politically from sovereign nations and from U.S. states.

The current political status of Puerto Rico has ramifications into many spheres of Puerto Rican life, and there are limits to the level of autonomy the Puerto Rican government has. For example, the Island's government is not fully autonomous, and the level of federal presence in the Island is common place, including a branch of the United States Federal District Court. There are also implications relative to the American citizenship carried by people born in Puerto Rico. Specifically, although people born in the Commonwealth of Puerto Rico are natural born U.S. citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution. As such, the American citizenship of Puerto Ricans can be taken away by the U.S. Congress unilaterally. Puerto Ricans are also covered by a group of "fundamental civil rights" but, since Puerto Rico is not a state, Puerto Ricans are not covered by the full American Bill of Rights. As for taxation, Puerto Ricans pay U.S. federal taxes, but most residents of the island are not required to file federal income tax returns. Representation-wise, Puerto Ricans have no voting representative in the U.S. Congress, but do have a Resident Commissioner who has a voice in Congress. Puerto Ricans must also serve in the United States military anytime conscription is ordered, with the same duties as a US citizen residing in the 50 states.

References

  1. Puerto Rico is a Territory of the United States Puerto Rico Report " The U.S. federal government has full responsibility for the conduct of foreign relations of all areas subject to United States jurisdiction, including all U.S. states, territories, and possessions. (Colin Powell), Gonzales v. Williams, 192 U.S. 1, 16 (1904). [Appellant, a Puerto Rican native and resident born before the signing of the Treaty of Paris who was traveling to New York] was not a passenger from a foreign port, and was a passenger “from territory or other place” subject to the jurisdiction of the United States., Nat. Bank v. Yankton County, 101 U.S. 129, 133 (1879). All territory within the jurisdiction of the United States not included in any State must necessarily be governed by or under the authority of Congress., Boumediene v. United States, 476 F.3d 981, 992 (D.C. Cir. 2007). [With regard to Guantanamo Bay,] Congress and the President have specifically disclaimed the sort of territorial jurisdiction they asserted in Puerto Rico [.], Congressional Research Service (CRS), Political Status of Puerto Rico: Options for Congress, Report Number RL32933, May 29, 2008, pp. 8 – 10 and 18. Puerto Rico remains a territory of the United States, subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution., General Accounting Office, U.S. Insular Areas: Application of the U.S. Constitution, November 1997, Page 1. More than 4 million U.S. citizens and nationals live in insular areas [defined as “all territories over which the U.S. exercises sovereignty,” including Puerto Rico] under the jurisdiction of the United States. The Territorial Clause of the Constitution authorizes the Congress to “make all needful Rules and Regulations respecting the Territory or other Property” of the United States. Relying on the Territorial Clause, the Congress has enacted legislation making some provisions of the Constitution explicitly applicable in the insular areas., Whenever a bill comes up that relates to Puerto Rico, it is referred to the committee on Resources. Why? Because the Committee on Resources has jurisdiction over Indian and insular affairs, meaning territories. Meaning no matter what we may say about the Supreme Court decisions, no matter what we may say about U.N. resolutions, the proof is in the pudding. We are sitting here debating this. We would not be debating this if there was a bilateral pact. If Puerto Rico really had the say in this matter, they would have said, “Hey, U.S. Congress, we don’t need you to give us the right to vote. We have the right to vote.” Puerto Rico could not do that because they are under the Territorial Clause of the United States Constitution, like it or not.
  2. 28 U.S.C. § 1331
  3. See Louisville & Nashville Railroad Co. v. Mottley , 211 U.S. 149(1908).
  4. 28 U.S.C. § 1332.
  5. A. Althouse, Standing, in Fluffy Slippers, 77 Va. L. Rev 1177, 1189 (1991) (characterizing the Supreme Court's decision in Whitmore v. Arkansas, 495 U.S. 149 (1990).

See also