"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.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
An article on THE ORIGINAL JURISDICTION OF THE SUPREME COURT,
"The backlash of state sovereignty sentiment resulted in the proposal and ratification of the Eleventh Amendment, which did not, however, affect the direct flow of original jurisdiction to the Court, although those cases to which States were parties were now limited to States as party plaintiffs, to two or more States disputing, or to United States suits against States.1085"
Thank you, that’s exactly what I wanted to know.
So original jurisdiction is granted when the state is the plaintiff? That would then include a state filing a case against the President, against whatever entity (justice dept.?) would enforce a Fed. law signed by the President. Like Lakin, a state could refuse to accept a law based on the fact that the president had no authority to sign the law because he is ineligible to hold office. Either directly or indirectly, the eligibility issue COULD be brought by a state and the case would have to be heard if I understand this correctly. Would the Supreme Court HAVE to allow discovery? Could they take the case and then dismiss it?