Q: Where is “Statutory Jurisdiction” in Constitution?
I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common Law and the other deals with International Maritime contracts under an Admiralty Jurisdiction. I also asked that a prosecutor prove with facts that there is any jurisdiction over me when there is no corpus delicti. He tried to avoid my questions, but I reminded him that the 6th Amendment gives me the right to request the Court explain the nature of any action against me and has the duty to answer. I was told to get a licensed attorney, but then I asked how only a licensed attorney and the Court would know of this secret jurisdiction he is referring to and how I can properly defend myself.
The case is postponed. Where is this “statutory jurisdiction” located in the Constitution?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the Constitution.
Specifically:
- Article III, Section 1 states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
- Article I, Section 8 states that Congress has the power "To constitute Tribunals inferior to the supreme Court."
So while the term "statutory jurisdiction" itself is not used, the Constitution does grant Congress the power to create federal courts and specify their jurisdiction through legislative statutes. This is where the authority for defining jurisdiction by statute comes from.
State courts' jurisdiction is often defined by state constitutions and statutes as well. The Constitution and Supreme Court precedent uphold states' ability to establish courts and prescribe their jurisdictional bounds through legislation.
So in short, statutory jurisdiction is constitutional and authorized under Congress' power to create courts and regulate their jurisdiction. Requiring a specific constitutional reference to the term itself is likely unnecessarily formulaic. The essence of the concept is grounded in Article I and Article III.
1 user found this answer helpful
A: The U.S. Constitution grants powers to courts under Article III. I'm not certain if uses the term "statutory jurisdiction," but it outlines the extent of judicial powers in Section 2, " ...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... , " etc. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
