Subject Matter Jurisdiction

Question 1

The Nature of Subject Matter Jurisdiction

Answer 1

-SMJ must exist from beginning to end
-Contest of SMJ can happen at any time
-Court itself must ensure SMJ
-Congress can require some federal questions MUST be tried in F/C

Question 2

Congress’s Authority to Regulate Federal Jurisdiction

Answer 2

• Congress must affirmatively grant SMJ for Federal Court Adjudication
• Statute needed for federal jurisdiction unless SCOTUS has original jurisdiction which Congress may not alter.
  -Congress has never granted full A3 SMJ to lower courts

Example statutes: Judiciary act of 1780; 28 USC Sections 1331,1332,1338 (smj, div, copyright/patent; respectively)

Question 3

Congressional Authority over Federal Jurisdiction Caselaw Synthesized

Answer 3

Caserules Synthesized
- Lower Court Jurisdiction comes from Congress. [Kline]
- Congress may repeal appellate jurisdiction to SCOTUS as long as it has not repealed all avenues for SCOTUS to exercise jurisdiction, [McCardle]
- but Congress cannot prescribe a “rule of decision” for the courts. [Klein]

Question 4

Congressional Authority over SMJ: Supreme Court OJ and AJ

Answer 4

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 (Arising Under mainly), 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.

Question 5

The Judicial Power (Article 3 Section 1)

Answer 5

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.

Question 6

The Judicial Power (Article 3 Section 2)

Answer 6

The judicial Power shall extend to all Cases, in Law and Equity,
1. Arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;

2. —to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;
3. —to Controversies to which the United States shall be a Party;
4. —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.
   (4. Is modified by the XIth amendment)

Question 7

XIth Amendment: The Text

Answer 7

“[t]he 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.”

Question 8

XIth Amendment Basically

Answer 8

Basically: A citizen of one state cannot sue a different state in federal court without the states consent

Hans v. Louisiana made it include citizens of their own state, Californians can’t sue California in Federal court.

The Rule: Sovereign immunity extends to all private un-consenting actions brought by persons in federal courts against states.

Question 9

Sovereign Immunity Explained

Answer 9

“Cannot bring the King to court”
- Constitutional limit on federal SMJ
- Textually XI concerns only F SMJ, but state sovereign immunity is based in British law and is applied.

Does not extend to the following
1. Suits brought by Feds or another state
2. Suits asserted against a local government
3. Suits initiated in bankruptcy court

Question 10

Bypassing Immunity (4 ways): (CIL5)

Answer 10

1. Consent: Waives immunity, sometimes by statute.
2. Injunctive Relief against State Officials
   Suits seeking injunctive relief against State officials bypass XXI. Ex Parte Young
3. Local Governments/Institutions lack XIth immunity unless they act as an “arm of the state”
4. XIV Section V
   - The most significant exception to the 11th amendment is the 14th S5 enforcement power. Congress can directly bypass the 11th if the act is under this provision.

Question 11

“Arm of the State” Four Factors (FCAC)

Answer 11

1. State funding
2. State government control
3. State appointment of entity’s policymakers
4. How the state characterizes entity

Question 12

The Four Ways a State Can Waive XIth Immunity (SSCC)

Answer 12

1. State statute (stringent standard)
2. State agrees to participate in a conditional federal spending program that creates a COA
3. Waives by litigation conduct (removing to federal court)
4. Constitutional consent (Other states, feds, claims against other states in bankruptcy, federal eminent domain, statutes authorized by Congress to maintain a national military)

Question 13

Complicated 11th amendment

Answer 13

1. Congress cannot make laws that subject states to suits (abrogate state sovereign immunity) even when states violate federal rights, IF
   - COMMERCE POWER
2. Congress can make states subject to suits for monetary damages when states violate federal rights IF

A. 14th Amendment; amd
B. clearly stated intention to abrogate