Arising Clause Law and Legal Definition
The Arising Clause is a clause in the U.S. Constitution that empowers the Supreme Court to exercise its judicial powers. According to this clause, the Supreme Court can exercise its original jurisdiction where the case affects Ambassadors, other public Ministers and Consuls, and those in which a State is a party. In all other cases, the Supreme Court will be having an appellate jurisdiction. The Arising clause is referred under USCS Const. Art. III, § 2, Cl 1. This provision of the constitution reads as:
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--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;--between a State and Citizens of another State;--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects”.
