0
Does the Constitution give the US Supreme Court original jurisdiction to issue writs of mandamus?
Wiki User
∙ 14y ago
Yes, but only in the limited class of cases for which the Constitution grants the Supreme Court original (trial) jurisdiction.
Writs of mandamus (orders compelling an official or office to take - or refrain from taking - an action required by law) can only be issued under original, not appellate, jurisdiction. The Constitution defines the scope of the Supreme Court's original jurisdiction to include only those people or entities listed in Article III, Section 2:
Article III, Section 2
Section 2. 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.
In Marbury v. Madison, (1803), Chief Justice John Marshall decided the Supreme Court's original jurisdiction did not extend US federal government officials, declaring Section 13 of the Judiciary Act of 1789 unconstitutional and rendering it null and void.
For more information on Marbury v. Madison, see Related Questions, below.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
The Supreme Court shall have original jurisdiction for cases involving which officials?
According to Article III, Section 2 of the Constitution, the US Supreme Court has original jurisdiction over cases:affecting ambassadors and other public ministers and consulsdisputes between the states (original and exclusive jurisdiction, see 28 U.S.C. § 1251)Currently, the US Supreme Court only exercises original jurisdiction in disputes between the states; per 28 USC § 1251, the Court has concurrent original jurisdiction with the US District Courts over cases involving ambassadors. Congress allocated original jurisdiction over cases involving foreign officials to the US District Courts, because the Supreme Court does not have original and exclusive jurisdiction. Original jurisdiction is shared with the US District Courts.In all other cases the Supreme Court has appellate jurisdiction.
What statement best defines the original jurisdiction of the US Supreme Court?
Article III of the Constitution describes the class of cases the Supreme Court may hear under original jurisdiction, but Congress determined whether the Supreme Court's original jurisdiction was shared or exclusive. Currently, the Supreme Court only exercises exclusive, original jurisdiction over disputes between the states. Cases involving ambassadors and other other foreign dignitaries are first heard in US District Court.
The supreme court has original jurisdiction in cases involving what?
Section 2 of Article III of the constitution sates:"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."The Supreme Court has original jurisdiction in cases involving two states, and cases involving ambassadors, consuls, or other public ministers.This is not to be confused with appellate jurisdiction. Original jurisdiction is when the court hears the case first. Appellate jurisdiction is when the court hears an appeal from another court of original jurisdiction.
Who has original jurisdiction over cases involving ambassadors?
In cases involving ambassadors, it is the Supreme Court of the United States that has original jurisdiction. The Supreme Court was formed in 1789.
Where did US Supreme Court receive its appellate jurisdiction?
The Constitution and CongressArticle III of the Constitution lists the classes of cases over which the US Supreme Court may exercise appellate jurisdiction; Congress has some ability to change this jurisdiction.
What would fall under the original jurisdiction of the supreme court?
Section 2 of Article III of the constitution sates:"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."The Supreme Court has original jurisdiction in cases involving two states, and cases involving ambassadors, consuls, or other public ministers.This is not to be confused with appellate jurisdiction. Original jurisdiction is when the court hears the case first. Appellate jurisdiction is when the court hears an appeal from another court of original jurisdiction.
The Supreme Court shall have original jurisdiction for cases involving which officials?
According to Article III, Section 2 of the Constitution, the US Supreme Court has original jurisdiction over cases:affecting ambassadors and other public ministers and consulsdisputes between the states (original and exclusive jurisdiction, see 28 U.S.C. § 1251)Currently, the US Supreme Court only exercises original jurisdiction in disputes between the states; per 28 USC § 1251, the Court has concurrent original jurisdiction with the US District Courts over cases involving ambassadors. Congress allocated original jurisdiction over cases involving foreign officials to the US District Courts, because the Supreme Court does not have original and exclusive jurisdiction. Original jurisdiction is shared with the US District Courts.In all other cases the Supreme Court has appellate jurisdiction.
What is is the Jurisdiction of supreme courts?
read the constitution
In which does the supreme court have original jurisdiction?
The Supreme Court may have original jurisdiction when the President is being impeached. They might also have original jurisdiction if they are trying to prove a bill is unconstitutional before it becomes a law.
What is the scope of the supreme court's jurisdiction?
read the constitution
In which cases does the supreme courts original jurisdiction?
The Supreme Court may have original jurisdiction when the President is being impeached. They might also have original jurisdiction if they are trying to prove a bill is unconstitutional before it becomes a law.
In which cases does the Supreme Court have original jurisdiction?
The Supreme Court may have original jurisdiction when the President is being impeached. They might also have original jurisdiction if they are trying to prove a bill is unconstitutional before it becomes a law.
What are three types of cases in which the supreme court has original jurisdiction?
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shallhave original Jurisdiction.
What branch of government can pass legislation that governs the jurisdiction of courts?
The Legislative Branch, or Congress, has the authority to set the jurisdiction of the federal courts, including the appellate jurisdiction of the US Supreme Court. They may not strip the Supreme Court of original jurisdiction over cases and controversies listed in Article III of the Constitution.
What statement best defines the original jurisdiction of the US Supreme Court?
Article III of the Constitution describes the class of cases the Supreme Court may hear under original jurisdiction, but Congress determined whether the Supreme Court's original jurisdiction was shared or exclusive. Currently, the Supreme Court only exercises exclusive, original jurisdiction over disputes between the states. Cases involving ambassadors and other other foreign dignitaries are first heard in US District Court.
Which branch of government can change the original jurisdiction of the Supreme Court?
The US Supreme Court's original jurisdiction is defined by Article III of the Constitution. Congress (Legislative Branch) can determine whether original jurisdiction is shared or exclusive, but can't strip the Court of its original jurisdiction or add to it. The Supreme Court's original jurisdiction may be changed by constitutional amendment, either initiated by a two-thirds vote of each house of Congress, followed by ratification of 75% of the State legislatures; or by the States if at least two-thirds petition for a Constitutional Convention to propose an amendment, and 75% of the states ratify that amendment.
The supreme court has original jurisdiction in cases involving what?
Section 2 of Article III of the constitution sates:"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."The Supreme Court has original jurisdiction in cases involving two states, and cases involving ambassadors, consuls, or other public ministers.This is not to be confused with appellate jurisdiction. Original jurisdiction is when the court hears the case first. Appellate jurisdiction is when the court hears an appeal from another court of original jurisdiction.
