Buffalo Law Review Archive

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The Supreme Court’s Original Jurisdiction Over Disputes Between the United States and a State

66 Buff. L. Rev. 193 (2018)

Shelfer examines the Supreme Court's original jurisdiction over disputes involving the federal government and individual states under Article III of the Constitution. The article analyzes the historical development and contemporary application of the Court's original jurisdiction in cases where the United States or a state is a party. Shelfer traces how the Supreme Court has interpreted and applied original jurisdiction provisions, exploring cases involving interstate disputes, federal-state conflicts, and controversies implicating national sovereignty. The author examines the Court's discretionary jurisdiction and procedures for original cases, comparing original jurisdiction with appellate review. Shelfer argues that understanding the Court's original jurisdiction is important for addressing federal-state conflicts and protecting state sovereignty within the constitutional system. The article reviews significant cases establishing federal-state liability, environmental disputes, and allocation of natural resources, demonstrating how original jurisdiction serves as a mechanism for resolving structural constitutional disputes that cannot be adequately addressed through standard litigation channels.

Keywords: original jurisdiction · Supreme Court · federal-state disputes · Article III · state sovereignty · constitutional jurisdiction

Read the full article (PDF) Original filename: 66_1_193-238_Shelfer_pubV2.pdf

How to cite

Lochlan F. Shelfer, The Supreme Court’s Original Jurisdiction Over Disputes Between the United States and a State, 66 Buff. L. Rev. 193 (2018).