Orlando, Florida Is It Federal or Is It Not? The Purview of Federal Jurisdiction © 2011 Lowndes, Drosdick, Doster, Kantor & Reed, P.A

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Is It Federal or Is It Not?

The Purview of Federal Jurisdiction

© 2011 Lowndes, Drosdick, Doster, Kantor & Reed, P.A. All Rights Reserved

By: Richard S. Dellinger, Esq.,Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Orlando, Florida | www.lowndes-law.com

Constitutional History


Pre-European America


Pre-Colonial America


British Colonies


Timeline

• 1764-1774 Stamp Act, Quartering Act, Intolerable Acts

• July 4, 1776 Declaration of Independence

• March 1, 1781 Articles of Confederation

• Sept. 3, 1783 End Revolutionary War

• 1787 Constitutional Convention


Federalist v. Anti-Federalist


Federalists

• Advocated for a strong central government

• Federalist Papers - Anonymous Op-Eds

• James Madison, Alexander Hamilton, John Jay


Anti-Federalists

• Advocated for state’s powers and individual rights

• Brutus essays

• Patrick Henry, Samuel Adams, George Mason, James Monroe


Ratification / Compromise


Article I, Article II, Article III


Three Separate Branches


Representative Government


The Supremacy Clause

• This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, and Thing in the Constitution or Laws of any State to the Contrary notwithstanding

» (U.S. Constit. Art. VI)




Constitutional Impact


The Federal Court Structure


Article I, Article II, Article III


Judicial Power-Article III

• The judicial power of the United States, shall be vested in one supreme court, and in such inferior Courts as Congress may from time to time ordain and establish.

» (U.S. Constit. Art III, Sec. 1)


Congressional Input-Article II

• The Congress shall have power . . . To constitute Tribunals inferior to the Supreme Court. . .

(U.S. Const. Art. I, Sec. 8)


Article III Courts


Executive Input-Article I

• [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint. . . Judges of the supreme Court and all other Officers of the United States . . .

» (U.S. Const. Art. I, Sec. 2)


What is a Federal Case?


State v. State/ Art. III

• The judicial power shall extend . . . –to Controversies between two or more States . . .

(U.S. Const. Art. III, Sec. 2)


State v. Citizen/ Art. III

• The judicial power shall extend . . . –to controversies between a State and Citizens of another State .



Citizen v. Citizen/ Art. III (Different States)

• The judicial power shall extend . . . –to Controversies between Citizens of different States.



Citizen v. Citizen Congressional Limit

Diversity of Jurisdiction

• Defendants not resident of forum state

• More than $75,000 of issue

28 USC 1332


Admiralty/ Article III

• The judicial power shall extend . . . –to all Cases of admiralty and maritime jurisdiction . . .



Arising Under Constitution/ Article III

• 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-



Cases Arising Under The Constitution (42 U.S.C. 1983)

• Claim of violation of First Amendment right to free speech (protester cases)

• Claim of violation of Eighth Amendment prohibition against cruel and unusual punishment (inmate cases)

• Claim of violation of equal protection rights by discrimination based on race, sex, religion, national origin, physical disability and age (employment cases)


Employment Cases/ Commerce Clause

• Discrimination claims arise under equal protection clause of the Constitution

• Federal Laws provide even more protection:º Age Discrimination in Employment Act

(ADEA)º Americans with Disabilities Act (ADA)º Civil Rights Acts


Arising Under Laws/ Article III

• 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-



Constitution Authorizes Laws that Congress May Pass


Immigration/ Art. I

• The Congress shall have power . . . To establish a uniform Rule of Naturalization . .



Bankruptcy/ Art. I

• The Congress shall have power . . . To establish . . Uniform Laws on the subject of Bankruptcies throughout the United States

• Title 11 US Code, Chapters 7, 11, 13



Patent, Trademark, Copyright/ Art. I

• The Congress shall have power . . . To Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. . .



Admiralty/ Art. I

• The Congress shall have power . . . To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations. . .



Counterfeiting/ Art. I

• The Congress shall have power . . . To coin Money, regulate the Value thereof, and of foreign coin . . .

• (U.S. Const. Art. I, Sec. 8)


Tax Evasion/ Art. I

• The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States. . .

• (U.S. Const. Art. I, Sec. 8)


Commerce Clause/ Art. I

• The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.



Necessary and Proper Clause

• [The Congress shall have Power] . . .to make all laws which shall be necessary and proper for carrying into execution of the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States. . .

» (U.S. Const. Art. I, Sec. 8, para. 18.)


Commerce/ Necessary and Proper Exercise

• Ponzi Schemes and Insider Trading

• Regulating Controlled Substances

• Internet Pornography Distribution

• Regulating Weapons’ Sales

• Mandating Purchase of Health Care


Federal Prison Population


State or Federal?

• Florida vs. Georgia over water rights on border.


State of Federal?

• Divorce, child custody, and distributing property.


State or Federal?

• Immigration and Asylum.


State or Federal?

• Bankruptcy Liquidation & Reorganization.


State or Federal?

• Drug Trafficking.


State or Federal?

• Murder, Rape.

• Murder of a Federal Official.


State or Federal?

• Title problem with easement dispute.


State or Federal?

• Bank Robbery.


State or Federal?

• Non-payment of mortgage & foreclosure.


State or Federal?

• Employment Wage & Hour dispute.


State of Federal?

• Employment race or sex discrimination.


State or Federal?

• iPhone vs. Blackberry technology dispute.


State or Federal?

• Selling hamburgers with McDonalds Arches without permission.


Questions

Documents

Orlando, Florida Is It Federal or Is It Not? The Purview of Federal Jurisdiction © 2011 Lowndes, Drosdick, Doster, Kantor & Reed, P.A