Article III · Section 2 of 3
Which cases federal courts hear
Article III: The courts
The one-line version
Which cases federal courts can hear, and the right to a jury trial for crimes.
Section 2 in plain English
Federal courts can hear these kinds of cases:
- Cases about the Constitution, federal laws, and treaties
- Cases involving ambassadors and other foreign officials
- Cases about ships and the sea
- Cases where the United States is a party
- Disputes between two or more states
- Disputes between a state and citizens of another state
- Disputes between citizens of different states
- Disputes between citizens of the same state over land granted by different states
- Disputes between a state or its citizens and foreign countries or their citizens
Note: The Eleventh Amendment (1795) limits lawsuits against a state by citizens of another state or another country.
Some cases start at the Supreme Court. These include cases involving ambassadors and cases where a state is a party. This is called original jurisdiction.
In all other cases, the Supreme Court hears appeals from lower courts. This is called appellate jurisdiction. Congress can make exceptions and rules for these appeals.
All criminal trials, except impeachments, must be by jury. The trial is held in the state where the crime happened. If the crime happened outside any state, Congress decides where the trial is held.
Original text, 1788
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.
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, 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.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.