Federal Party

Explains the debate over the cases and controversies distinction of Article III. Discusses the Federal Party clause, citing to the Federalist and early case law to posit that jurisdiction was construed narrowly such that disputes in which the United States was a defendant were not included.

Discusses the extent of Congress’s power to limit federal jurisdiction.

Examines the history of the drafting and ratification of Article III to make an original intent argument. Incorporates citations to founding-era sources such as the Pinckney Plan and Hamilton plan for the Judiciary, which includes the language of the Federal Party Clause.