292 WRIGHT— POWER TO MEET RESPONSIBILITIES. 



elusive in federal courts/"' but under constitutional and statutory 



provisions, the federal courts are also available in most cases. 



"The judicial power (of the United States) 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 of ambassadors, other public ministers and consuls; — to all cases of 

 admiralty and maritime jurisdiction; — to controversies . . . between a state 

 or the citizens thereof, and foreign states, citizens or subjects. In all cases 

 affecting ambassadors, other public ministers and consuls . . . the Supreme 

 Court shall have original jurisdiction. In all 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."^°8 



Except for the original jurisdiction of the Supreme Court the federal 

 courts may only exercise this judicial power as expressly given by 

 act of Congress. ^°^ Under present statutes ambassadors, public min- 

 isters and consuls may bring any suit originally in the Supreme Court 

 though they may also sue in the state courts.^^° Foreign states and 

 aliens may bring suits against a citizen in the federal district court 

 if over $3,000 is in controversy or if " for a tort only, in violation 

 of the law of nations or of a treaty of the United States." ^^^ They 

 may also bring suits against citizens under many special types of 

 law, whatever the matter in controversy, such as suits within the 

 admiralty and maritime jurisdiction, suits under the copyright, pat- 

 ent, trademark, commercial, bankruptcy, immigration laws, etc.^^^ 

 Also all suits in which a deprivation of constitutional right is 

 claimed. ^^^ Even if they begin action in a state court, appeal lies 

 from the highest state court to the Supreme Court of the United 

 States if a right under the Constitution, an act of Congress, a treaty 

 or any authority under the United States is claimed.^^* The courts 

 are not ordinarily open to civil suits by one alien against another,^^' 

 10^ Mexico V. Arrangoiz, 11 How. Prac. i (N. Y., 1855) ; Scott, Cases on 

 Int. Law, p. 170. 



108 U. S. Const, Art. Ill, sec. 2. 



109 ^x parte McCardle, 7 Wall. 506 ; Willoughby, op. cit., p. 976. 



110 Judicial Code of 191 1, sec. 233, 36 Stat. 1156. 

 '^''■'^ Ibid., sec. 24, pars, i, 17. 



112 Ibid, sec. 24, pars. 3, 7, 8. 19, 22. 



113 Ibid., sec. 24, pars. 12-14. 



'^^* Ibid., sec. 237, as amended Dec. 23, 1914, 38 Stat. 790, and Sept. 6, 

 1916, 39 Stat. 726. 



115 Montalet v. Murray, 4 Cranch 46. 



