Article 3, Section 2, Clause 1 — Overview Of Federal Question Jurisdiction

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Article III, Section 2, Clause 1:

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.

The Constitution authorizes the federal courts to exercise jurisdiction over all cases “arising under” the Constitution or the laws or treaties of the United States. The federal courts’ power to hear such cases is often referred to as “arising under” jurisdiction or “federal question” jurisdiction.[1](https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/overview-of-federal-question-jurisdiction#fn1art3 " Cases arising under the Constitution or federal law are just one of several categories of cases that the Constitution authorizes the federal courts to hear. See also, e.g., to ; to ; ; to ; ; ; ; to . ") The Supreme Court has explained that a case arises under the Constitution or laws of the United States “whenever its correct decision depends on the construction of either.” [2](https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/overview-of-federal-question-jurisdiction#fn2art3 " Cohens v. Virginia, 19 U.S. 264, 379 (1821). ")

Footnotes

1

Cases arising under the Constitution or federal law are just one of several categories of cases that the Constitution authorizes the federal courts to hear. See also, e.g., to ; to ; ; to ; ; ; ; to .

2

Cohens v. Virginia, 19 U.S. 264 , 379 (1821).