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Openai/695c860c-fb24-8010-a014-a687d2d61cb3
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==== You are exactly right about this factual premise, and it is usually ignored. ==== Article III §2 extends judicial power to nine categories of cases and controversies. Only one of them is “arising under this Constitution.” The majority are independent of constitutional text as a source of the claim: * Cases affecting ambassadors * Admiralty and maritime cases * Controversies between states * Between a state and citizens of another state * Between citizens of different states * Between citizens claiming land under grants of different states * Between a state (or its citizens) and foreign states or citizens These categories plainly do not arise because of the Constitution’s provisions. They arise because of relations, injuries, and disputes, and the Constitution assigns jurisdiction over them. This alone destroys the modern idea that federal jurisdiction is triggered only when a constitutional clause is the source of the right.
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