§ 1251. — Original jurisdiction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1251]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 81--SUPREME COURT
Sec. 1251. Original jurisdiction
(a) The Supreme Court shall have original and exclusive jurisdiction
of all controversies between two or more States.
(b) The Supreme Court shall have original but not exclusive
jurisdiction of:
(1) All actions or proceedings to which ambassadors, other
public ministers, consuls, or vice consuls of foreign states are
parties;
(2) All controversies between the United States and a State;
(3) All actions or proceedings by a State against the citizens
of another State or against aliens.
(June 25, 1948, ch. 646, 62 Stat. 927; Pub. L. 95-393, Sec. 8(b), Sept.
30, 1978, 92 Stat. 810.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 341, 371(7), (8) (Mar. 3,
1911, ch. 231, Secs. 233, 256, 36 Stat. 1156, 1160; Oct. 6, 1917, ch.
97, Sec. 2, 40 Stat. 395; June 10, 1922, ch. 216, Sec. 2, 42 Stat. 635).
This section reconciles provisions of sections 341 and 371(7), (8)
of title 28, U.S.C., 1940 ed., with Article 3, section 2 and Amendment
11 of the Constitution.
Sections 341 and 371 of title 28, U.S.C., 1940 ed., were not wholly
consistent with such constitutional provisions. Said section 341
provided that the Supreme Court should have original jurisdiction of
controversies between a State and citizens of other States or aliens,
whereas the 11th Amendment prohibits an action in any Federal Court
against a State by citizens of another State or aliens.
The original jurisdiction conferred on the Supreme Court by Article
3, section 2, of the Constitution is not exclusive by virtue of that
provision alone. Congress may provide for or deny exclusiveness. Ames v.
Kansas, 1884, 4 S.Ct. 437, 111 U.S. 449, 28 L.Ed. 442; U.S. v. 4,450.72
Acres of Land, Clearwater County, State of Minnesota, D.C. Minn., 1939,
27 F.Supp. 167, affirmed 125 F.2d 636.
Sections 341 and 371 of title 28, U.S.C., 1940 ed., did not confer
expressly exclusive jurisdiction on the Supreme Court in civil cases
between States, Louisiana v. Texas, 1899, 20 S.Ct. 251, 176 U.S. 1, 44
L.Ed. 347, as has been provided in subsection (a)(1) of the revised
section. The language at the beginning of said section 341, for which
said subsection has been substituted, was ambiguous and made it appear
that an action by a State against the United States would be within the
exclusive jurisdiction of the Supreme Court. However, in U.S. v.
Louisiana, 1887, 8 S.Ct. 17, 123 U.S. 32, 31 L.Ed. 69, the Supreme
Court, in a case appealed from the Court of Claims, held to the
contrary.
So, also, in actions by the United States to condemn lands of a
State or to enforce penalties for violation of a Federal statute against
a State-owned utility, the United States district courts have
jurisdiction. See United States v. State of Utah, 1931, 51 S.Ct. 438,
283 U.S. 64, 75 L.Ed. 844; United States v. 4,450.72 Acres of Land,
Clearwater County, State of Minnesota, D.C.Minn. 1939, 27 F.Supp. 167,
affirmed 125 F.2d 636; United States v. State of California, 1936, 56
S.Ct. 421, 297 U.S. 175, 80 L.Ed. 567.
The intent of section 371(7), (8) of title 28, U.S.C., 1940 ed.,
that the jurisdiction of the courts of the United States should be
exclusive of the courts of the States in controversies to which a State
is a party, and suits against ambassadors, public ministers, consuls and
vice consuls, is preserved and clarified by this section and section
1351 of this title.
The revised section preserves existing law with reference to foreign
ambassadors, other public ministers and consuls. Under subsection (a)(2)
the Supreme Court has exclusive jurisdiction of actions or proceedings
against the ambassadors or public ministers of other nations.
Under subsection (b)(1) the Supreme Court has original but not
exclusive jurisdiction of actions or proceedings brought by such
ambassadors or other public ministers or to which consuls or vice
consuls of other nations are parties.
Section 1351 of this title gives to United States district courts,
exclusive of the courts of the States, jurisdiction of civil actions
against such consuls and vice consuls.
This section and said section 1351 of this title have no application
to ambassadors, public ministers, consuls or vice consuls representing
the United States. See Milward v. McSaul, D.C.S.D.N.Y. 1846, 17
Fed.Cas.No. 9,623 and State of Ohio ex rel. Popovici v. Alger, 1930, 50
S.Ct. 154, 280 U.S. 379, 74 L.Ed. 489.
Changes were made in phraseology.
Amendments
1978--Subsec. (a). Pub. L. 95-393, Sec. 8(b)(1), designated
introductory provision of subsec. (a) and (a)(1) as (a), and struck out
``(2) All actions or proceedings against ambassadors or other public
ministers of foreign states or their domestics or domestic servants, not
inconsistent with the law of nations''.
Subsec. (b)(1). Pub. L. 95-393, Sec. 8(b)(2), substituted ``to which
ambassadors, other public ministers, consuls, or'' for ``brought by
ambassadors or other public ministers of foreign states or to which
consuls or''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-393 effective at the end of the ninety-day
period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95-393, set
out as an Effective Date note under section 254a of Title 22, Foreign
Relations and Intercourse.
Statutes Governing Writs of Error To Apply to Appeals
Act Jan. 31, 1928, ch. 14, Sec. 2, 45 Stat. 54, amended Apr. 26,
1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, Sec. 23, 62 Stat.
990, provided that ``All Acts of Congress referring to writs of error
shall be construed as amended to the extent necessary to substitute
appeal for writ of error.'' See also, notes preceding section 1 of this
title.
