Notes on 28 U.S.C. § 1251 : US Code - Notes

Search Notes on 28 U.S.C. § 1251 : US Code - Notes

(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.