Judicial Self Denial and Judicial Activism - the Personality of the Original Jurisdiction of the Federal District Courts

Removal jurisdiction is the authority by which a cause of action or claim can be transferred, before trial, from a state court to a federal district court. This jurisdiction is purely statutory and as such finds its authority and the manner and conditions upon which that authority is to be exercised, in the acts of Congress. In the grant of that authority, Congress is confined to the limits of the constitution. Congressional authority for removal jurisdiction is not found in any of the express grants of jurisdiction in the constitution.

Congress' power to provide for removal jurisdiction is an implied power which is necessary and proper to give effect to its express powers.