1985•Law and History ReviewRequires access

The First Federal Question Case

Wythe W. Holt

Open publisher page 3 citations

Abstract

What is a ‘federal question’? Section two of article three of the Constitution grants jurisdiction to federal courts over, among other items, ‘all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made … under their authority’. This has become generally known as the grant of ‘federal question’ jurisdiction. The present statute giving such jurisdiction to federal courts dates only from 1875; not only has it been restrictively construed, but existing federal schemes of benefits, rights, and regulations provide us with a familiar, pat, confining notion of the nature of federal questions. What sorts of matters might have been expected to constitute federal questions in 1787, when the Constitution was written, and when such schemes were not contemplated much less established?

About this research paper

What this paper is about

What is a ‘federal question’? Section two of article three of the Constitution grants jurisdiction to federal courts over, among other items, ‘all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made … under their authority’. This has become generally known as the grant of ‘federal question’ jurisdiction. The present statute giving such jurisdiction to federal courts dates only from 1875; not only has it been restrictively construed, but existing federal schemes of benefits, rights, and regulations provide us with a familiar, pat, confining notion of the nature of federal questions. What sorts of matters might have been expected to constitute federal questions in 1787, when the Constitution was written, and when such schemes were not contemplated much less established?

Why it matters

OpenAlex reports 3 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

What is a ‘federal question’? Section two of article three of the Constitution grants jurisdiction to federal courts over, among other items, ‘all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made … under their authority’. This has become generally known as the grant of ‘federal question’ jurisdiction. The present statute giving such jurisdiction to federal courts dates only from 1875; not only has it been restrictively construed, but existing federal schemes of benefits, rights, and regulations provide us with a familiar, pat, confining notion of the nature of federal questions. What sorts of matters might have been expected to constitute federal questions in 1787, when the Constitution was written, and when such schemes were not contemplated much less established?

Key concepts: Federal jurisdiction, Statute, Jurisdiction, Constitution, Law, Political science, Federal law, Exclusive jurisdiction

Related papers

Back to paper searchBrowse research topicsOriginal source
The First Federal Question Case — Research Paper | ScholarLens