U.S. Constitution · Article III, Section 2, Clause 1
Case or Controversy Clause
Alerts when a new grade, SI Solution or Think Tank idea cites Art. III, § 2, cl. 1.
Also known as: Case or Controversy Clause
Live in the VFA record
Cited 8 times in VFA's public record; none yet this month.
8 public items cite this provision · 0 in October 2026 (last month: 0)
Citations per week, last 12 weeks
The text
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.
Note: Jurisdiction over suits against a State by citizens of another State was modified by the Eleventh Amendment.
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
An explainer for this provision is in the queue. It appears here once it passes the SI Editorial Standard’s automated checks. The text, founding-era sources and live citations below are complete.
In the founders’ words
- “The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred;” Alexander Hamilton, The Federalist No. 78 (1788-05-28)
- “They are to be rendered totally independent, both of the people and the legislature, both with respect to their offices and salaries. No errors they may commit can be corrected by any power above them, if any such power there be, nor can they be removed from office for making ever so many erroneous adjudications.” Brutus (attributed to Robert Yates), Brutus, No. 11 (1788-01-31)
- “They will give the sense of every article of the constitution, that may from time to time come before them. And in their decisions they will not confine themselves to any fixed or established rules, but will determine, according to what appears to them, the reason and spirit of the constitution.” Brutus (attributed to Robert Yates), Brutus, No. 11 (1788-01-31)
- “The opinions of the supreme court, whatever they may be, will have the force of law; because there is no power provided in the constitution, that can correct their errors, or controul their adjudications. From this court there is no appeal.” Brutus (attributed to Robert Yates), Brutus, No. 11 (1788-01-31)
- “In the first place, there is not a syllable in the plan under consideration which DIRECTLY empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.” Alexander Hamilton, The Federalist No. 81 (1788-05-28)
- “It may be esteemed the basis of the Union, that "the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States.” Alexander Hamilton, The Federalist No. 80 (1788-05-28)
Public-domain primary sources, quoted word for word and checked against the linked text.
Leading Supreme Court cases
- Chisholm v. Georgia, 2 U.S. 419 (1793) · superseded by the Eleventh Amendment
- Martin v. Hunter's Lessee, 14 U.S. 304 (1816)
- Luther v. Borden, 48 U.S. 1 (1849)
- Muskrat v. United States, 219 U.S. 346 (1911)
- Pacific States Telephone & Telegraph Co. v. Oregon, 223 U.S. 118 (1912)
- Coleman v. Miller, 307 U.S. 433 (1939)
- Baker v. Carr, 369 U.S. 186 (1962)
- Powell v. McCormack, 395 U.S. 486 (1969)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)
- Nixon v. United States, 506 U.S. 224 (1993)
- Massachusetts v. EPA, 549 U.S. 497 (2007)
- Zivotofsky v. Clinton, 566 U.S. 189 (2012)
- Rucho v. Common Cause, 588 U.S. 684 (2019)
- TransUnion LLC v. Ramirez, 594 U.S. ___ (2021)
- Biden v. Nebraska, 600 U.S. 477 (2023)
- United States v. Texas, 599 U.S. 670 (2023)
Cited in the VFA record
“Where this provision is cited”
SI Solutions (8)
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Rooker-Feldman applies only to final judgments from the highest state court in which review could be had, consistent with 28 U.S.C. §1257.
2026-06-20
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Re-decided holding: A knowing and voluntary appeal waiver in a plea agreement is enforceable according to its terms, subject only to the two explicit exceptions in the waiver itself (ineffective assis
2026-06-20
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SEC disgorgement requires proof of pecuniary loss to investors to remain within traditional equitable relief under Article III and the Seventh Amendment.
2026-06-06
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Re-decided holding: The Fourth Circuit did not violate Article III's case-or-controversy requirement; its remand for factfinding was a permissible exercise of its appellate jurisdiction, and the CSRA'
2026-05-28
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Courts must review de novo the legal definition of 'persecution' but defer to agency factual findings under substantial-evidence review.
2026-05-24
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Yes; the challenged production closely relates to Chevron's federal refining duties, permitting removal.
2026-05-15
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The 30-day removal deadline in §1446(b)(1) admits no equitable tolling; Enbridge's removal was untimely and the case must be remanded to state court.
2026-05-15
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Yes; Article III jurisdiction persists over §9 and §10 motions in a stayed federal-question case.
2026-05-15
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article III, Section 2, Clause 1, https://www.valuesforamerica.com/constitution/article-3/section-2/clause-1
Data: this provision as JSON.