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Title 28 — Judiciary and Judicial Procedure

Part IV · Chapter 85 — District Courts; Jurisdiction

§ 1331. Federal question

Statutory text

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 1331

    June 25, 1948, ch. 646, 62 Stat. 930

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 930

  2. Pub. L. 85–554 § 1 · 72 Stat. 415

    1. Amended · 28 U.S.C. § 1331

      Pub. L. 85–554 included costs in section catchline, designated existing provisions as subsec. (a)

    2. Substituted · 28 U.S.C. § 1331

      Pub. L. 85–554 included costs in section catchline, substituted “$10,000” for “$3,000”

    3. Added · 28 U.S.C. § 1331

      Pub. L. 85–554 included costs in section catchline, added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 85–554 included costs in section catchline, designated existing provisions as subsec. (a), substituted “$10,000” for “$3,000”, and added subsec. (b).

  3. Pub. L. 94–574 § 2 · 90 Stat. 2721

    Struck · 28 U.S.C. § 1331(a)

    Pub. L. 94–574 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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–574 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.

    Enacted provision · exact public law section
    Sec. 2. Section 1331(a) of title 28, United States Code, is amended District courts, civil action amounts. by striking the final period and inserting a comma and adding thereafter the following: “except that no such sum or value shall be required in any such action brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity.”.

  4. Federal Question Jurisdictional Amendments Act of 1980

    Pub. L. 96–486 § 2(a) · 94 Stat. 2369

    1. Struck · 28 U.S.C. § 1331

      Pub. L. 96–486 struck out “; amount in controversy; costs” in section catchline

    2. Struck · 28 U.S.C. § 1331

      Pub. L. 96–486 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

    3. Struck · 28 U.S.C. § 1331

      Pub. L. 96–486 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

    4. Struck · 28 U.S.C. § 1331

      Pub. L. 96–486 struck out existing subsection designations

    Source evidence

    Code amendment note
    Pub. L. 96–486 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.

    Enacted provision · exact public law section
    (a) Section 1331 of title 28, United States Code, is amended to read as follows: “§ 1331. Federal question “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”.

    Effective date note
    Pub. L. 96–486, § 4, Dec. 1, 1980, 94 Stat. 2370, provided: “This Act [amending this section and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1 of this title] shall apply to any civil action pending on the date of enactment of this Act [Dec. 1, 1980].”

5 of 9 references resolved to an enrolled provision · 4 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).

Jurisdiction of federal questions arising under other sections of this chapter is not dependent upon the amount in controversy. (See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§ 30–43. See, also, reviser’s note under section 1332 of this title.)

Words “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 United States v. Sayward, 16 S.Ct. 371, 160 U.S. 493, 40 L.Ed. 508; Fishback v. Western Union Tel. Co., 16 S.Ct. 506, 161 U.S. 96, 40 L.Ed. 630; and Halt v. Indiana Manufacturing Co., 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.

The remaining provisions of section 41(1) of title 28, 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

Amendments1958–1980 · 3 rounds

1980

Pub. L. 96–486 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.

1976

Subsec. (a). Pub. L. 94–574 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.

1958

Pub. L. 85–554 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, § 4, , 94 Stat. 2370, provided: “This Act [amending this section and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1 of this title] shall apply to any civil action pending on the date of enactment of this Act [].”

Effective Date of 1958 Amendment

Pub. L. 85–554, § 3, , 72 Stat. 415, provided that: “This Act [amending this section and sections 1332 and 1345 of this title] shall apply only in the case of actions commenced after the date of the enactment of this Act [].”

Credits

1948–1980 · 4 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 930
  2. 1958Pub. L. 85–554, § 1, , 72 Stat. 415
  3. 1976Pub. L. 94–574, § 2, , 90 Stat. 2721
  4. 1980Pub. L. 96–486, § 2(a), , 94 Stat. 2369.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85–554, § 1, , 72 Stat. 415; Pub. L. 94–574, § 2, , 90 Stat. 2721; Pub. L. 96–486, § 2(a), , 94 Stat. 2369.)

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