Federal Question Jurisdiction

Federal Question Jurisdiction

Learn about the constitutional and statutory power of federal courts to adjudicate claims in all cases "arising under" federal law, known as federal question jurisdiction.


The next basis for federal subject matter jurisdiction we’re going to discuss is “federal question jurisdiction.”

I. Constitutional bases for jurisdiction

Just like we discussed with respect to diversity jurisdiction, there are two bases for federal question jurisdiction: Constitutional and statutory. The Constitution sets forth the broadest grant of “federal question” jurisdiction to the federal courts, and then Congress has power to limit that jurisdiction more or less as it sees fit through...