The District Court of Guam
held not authorized to
exercise federal diversity jurisdiction.
(a) Title 48 U.S.C. § 1424(a), setting forth the District
Court's jurisdiction, contains no provision for diversity
jurisdiction, and the first clause of that statute granting the
court federal question jurisdiction cannot be construed as also
encompassing diversity jurisdiction, the Constitution itself
distinguishing between these two types of jurisdiction.
(b) Nor does the fact that Congress, in 48 U.S.C. § 1421b(u),
extended the Privileges and Immunities Clauses to Guam disclose an
intention impliedly to authorize the District Court to exercise
diversity jurisdiction, there being nothing in § 1421b(u)'s
language or legislative history to support a finding of such
intention.
Certiorari granted; 554 F.2d 976, reversed.
PER CURIAM
The issue in this case is whether Congress has authorized the
District Court of Guam to exercise federal diversity jurisdiction.
Respondent brought suit in the Guam District Court, claiming that
the court had jurisdiction over its action on the basis of diverse
citizenship. The court agreed, denied petitioner's motion to
dismiss for lack of jurisdiction, [
Footnote 1]
Mailloux v. Mailloux, 417 F. Supp.
11 (1975), and a divided Court of Appeals affirmed. 554 F.2d
976 (CA9 1977). Because Congress has neither explicitly nor
implicitly granted diversity jurisdiction to the District Court of
Guam, we reverse.
As part of the Organic Act of Guam, Congress created the
District Court of Guam. 64 Stat. 389, 48 U.S.C. § 1424(a).
Page 434 U. S. 237
The District Court was established "under Art. IV, § 3, of the
Federal Constitution, rather than under Art. III,"
Guam v.
Olsen, 431 U. S. 195,
431 U. S.
196-197, n. 1 (1977), [
Footnote 2] and Congress provided that the District Court
would have the following jurisdiction:
"The District Court of Guam shall have the jurisdiction of a
district court of the United States in all causes arising under the
Constitution, treaties, and laws of the United States, regardless
of the sum or value of the matter in controversy, shall have
original jurisdiction in all other causes in Guam, jurisdiction
over which has not been transferred by the legislature to other
court or courts established by it, and shall have such appellate
jurisdiction as the legislature may determine."
48 U.S.C. § 1424(a).
Conspicuously absent in this provision is any mention of federal
diversity jurisdiction. The provision's first clause follows the
language of the federal question statute, 28 U.S.C. § 1331, and the
federal question clause of Art. III, § 2. The second clause
establishes original jurisdiction over local causes of action
without regard to diversity of citizenship. The second clause is
not applicable to this case however, because in 1974 the Guam
Legislature transferred jurisdiction of all cases arising under the
laws of Guam from the District Court to the local courts. [
Footnote 3] Thus, the only issue before
us is
Page 434 U. S. 238
whether the first clause, which grants federal question
jurisdiction to the District Court,
see Guam v. Olsen,
supra at
431 U. S.
199-200, also encompasses diversity jurisdiction. The
Court of Appeals apparently reasoned that any cause of action with
diverse parties "arises under the . . . laws . . . of the United
States," since 28 U.S.C. § 1332, the diversity statute, is a law of
the United States. By this logic, any cause of action with diverse
parties under § 1332 would be within the scope of federal question
jurisdiction. But as we stated in
Guam v. Olsen,
"whatever may be the ambiguities of the phrase 'arising under
[the Constitution, treaties, and laws of the United States]' -- it
does not embrace all civil cases that may present questions of
federal law."
431 U.S. at
431 U. S. 202.
By the same token, it does not embrace federal diversity
jurisdiction. The short answer to the contention that diversity
jurisdiction is merely a species of federal question jurisdiction
is that the Constitution itself distinguishes between these two
types of jurisdictions.
"The Constitution certainly contemplates these . . . as distinct
classes of cases; and if they are distinct, the grant of
jurisdiction over one of them does not confer jurisdiction over . .
. the other. . . . The discrimination made between them, in the
Constitution, is, we think, conclusive against their identity."
American Insurance Co. v.
Canter, 1 Pet. 511,
26 U. S. 545
(1828).
We also reject the notion that Congress, by extending the
Privileges and Immunities Clauses of the Federal Constitution to
Guam, 48 U.S.C. § 1421b(u), intended and implicitly authorized the
Guam District Court to exercise federal diversity jurisdiction. 554
F.2d at 977. This Court has never held that the Privileges and
Immunities Clauses prohibit Congress from withholding or
restricting diversity jurisdiction, [
Footnote 4]
Page 434 U. S. 239
and there is nothing in the legislative history of § 1421b(u) to
suggest that Congress intended that provision to have any effect on
the Guam District Court's original jurisdiction. [
Footnote 5] Without support in the language
or legislative history of the section, it is simply untenable to
interpret § 1421b(u) either as conferring diversity jurisdiction by
its own terms or as impliedly expanding the grant of original
jurisdiction contained in § 1424(a).
We recognize that Congress' jurisdictional grant to the District
Court of Guam is unique. All other federal district courts in the
States and Territories exercise either diversity jurisdiction or
concurrent original jurisdiction over many local causes of action.
See 554 F.2d at 984 n. 18 (Sneed, J., dissenting). Whether
or not this peculiar treatment of the Guam District Court is
preferable or even wise, however, we are constrained by the
principle that federal courts are courts
Page 434 U. S. 240
of limited jurisdiction. Where, as here, Congress has clearly
established appropriate limitations on the District Court's
original jurisdiction, we are compelled to respect those
limits.
The petition for a writ of certiorari is granted, and the
decision of the Court of Appeals is reversed.
So ordered.
[
Footnote 1]
The District Court certified its interlocutory decision for
immediate appeal under 28 U.S.C. § 1292(b).
[
Footnote 2]
We are, therefore, not faced with the question of what
jurisdictional limits Congress may place upon federal district
courts established under Art. III. Congress' broad power over
Territories under Art. IV is, of course, well established.
See,
e.g., Binns v. United States, 194 U.
S. 486 (1904) .
[
Footnote 3]
Court Reorganization Act of 1974, Guam Pub.L. 12-85, § 55. The
Court of Appeals for the Ninth Circuit has held that the
jurisdiction of the local court under the Court Reorganization Act
is exclusive and not concurrent with the Guam District Court.
Agana Bay Dev. Co. (Hong Kong) v. Supreme Court of Guam,
529 F.2d 952, 955 n. 4 (1976). As in
Guam v. Olsen, 431
U.S. at
431 U. S. 197
n. 3, that holding is not at issue in this case.
[
Footnote 4]
Indeed, we have never held that the Privileges and Immunities
Clauses of Art. IV, § 2, cl. 1, and the Fourteenth Amendment
restrict congressional -- as opposed to state -- action.
[
Footnote 5]
In fact, the legislative history of § 1421b(u) reveals that
Congress' intent in extending the Privileges and Immunities Clauses
to Guam was "to limit the power of the territorial legislature,
rather than affect the jurisdiction of the district court. . . ."
554 F.2d at 984 n. 17 (Sneed, J., dissenting). There is limited
support in the legislative history for the view that Congress was
also concerned with the ability of citizens "to
appeal in
proper cases to the national courts. . . ." S.Rep. No. 216, 90th
Cong., 1st Sess., 12 (1967) (letter of Feb.19, 1967, from Assistant
Secretary of Interior Harry R. Anderson to Senator Henry M.
Jackson, Chairman of Committee on Interior and Insular Affairs)
(emphasis added);
see also H.R.Rep. No. 1521, 90th Cong.,
2d Sess., 14 (1968). It is doubtful that this one statement could
serve as a sufficient basis for concluding that Congress impliedly
amended its jurisdictional grant to the Guam District Court through
the oblique mechanism of the Privileges and Immunities Clauses. But
even if it could, the jurisdictional grant at issue here does not
deny Guam litigants "access to Art. III courts for appellate review
of local court decisions. . . ."
Guam v. Olsen, 431 U.S.
at
431 U. S. 204.
Only the limitation on the District Court's original jurisdiction
under the first, clause of § 1424(a), as quoted
supra, is
at issue here, and there is nothing in the legislative history of §
1421b(u) to suggest that Congress intended to alter the plain
language of that jurisdictional grant.