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CHAPTER 5

Diversity Jurisdiction

When Does Multiplicity Constitute Diversity?

INTRODUCTION

A major premise underlying our Constitution is that the states function quite well in most respects and that federal interference should be confined to those areas where there is a special need for national policy. For example, in 1787, when the Constitution was drafted, every state already had its own system of courts. The framers of the Constitution saw no need to abolish those courts in favor of federal courts administered by the national government. Instead, they authorized the creation of a separate federal court system (see U.S. Const. Art. III, §1), but only authorized those courts to hear limited categories of cases that, for one reason or another, involved a particular national interest. U.S. Const. Art. III, §2. Jurisdiction of all other cases was left to the courts of the states.

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