The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
June 25, 1948, ch. 64662 Stat. 930Pub. L. 85–554, § 172 Stat. 415Pub. L. 94–574, § 290 Stat. 2721Pub. L. 96–486, § 2(a)94 Stat. 2369(, ; , , ; , , ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 231, § 2436 Stat. 1091May 14, 1934, ch. 283, § 148 Stat. 775Aug. 21, 1937, ch. 726, § 150 Stat. 738Apr. 20, 1940, ch. 11754 Stat. 143Based on title 28, U.S.C., 1940 ed., § 41(1) (, par. 1, ; , ; , ; , ).
section 41 of title 28section 1332 of this titleJurisdiction of federal questions arising under other sections of this chapter is not dependent upon the amount in controversy. (See annotations under former , U.S.C.A., and 35 C.J.S., p. 833 et seq., §§ 30–43. See, also, reviser’s note under .)
United States v. SaywardFishback v. Western Union Tel. CoHalt v. Indiana Manufacturing CoWords “wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs,” were added to conform to rulings of the Supreme Court. See construction of provision relating to jurisdictional amount requirement in cases involving a Federal question in , 16 S.Ct. 371, 160 U.S. 493, 40 L.Ed. 508; ., 16 S.Ct. 506, 161 U.S. 96, 40 L.Ed. 630; and ., 1900, 20 S.Ct. 272, 176 U.S. 68, 44 L.Ed. 374.
Words “all civil actions” were substituted for “all suits of a civil nature, at common law or in equity” to conform with Rule 2 of the Federal Rules of Civil Procedure.
Words “or treaties” were substituted for “or treaties made, or which shall be made under their authority,” for purposes of brevity.
section 41(1) of title 28The remaining provisions of , U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title.
Changes were made in arrangement and phraseology.
Editorial Notes
Amendments
Pub. L. 96–4861980— struck out “; amount in controversy; costs” in section catchline, struck out minimum amount in controversy requirement of $10,000 for original jurisdiction in federal question cases which necessitated striking the exception to such required minimum amount that authorized original jurisdiction in actions brought against the United States, any agency thereof, or any officer or employee thereof in an official capacity, struck out provision authorizing the district court except where express provision therefore was made in a federal statute to deny costs to a plaintiff and in fact impose such costs upon such plaintiff where plaintiff was adjudged to be entitled to recover less than the required amount in controversy, computed without regard to set-off or counterclaim and exclusive of interests and costs, and struck out existing subsection designations.
Pub. L. 94–5741976—Subsec. (a). struck out $10,000 jurisdictional amount where action is brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity.
Pub. L. 85–5541958— included costs in section catchline, designated existing provisions as subsec. (a), substituted “$10,000” for “$3,000”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment; Applicability
Pub. L. 96–486, § 494 Stat. 2370
Effective Date of 1958 Amendment
Pub. L. 85–554, § 372 Stat. 415