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§ 290. “Such Other Courts as it Invests with Federal Jurisdiction.”

These words enable the Federal Parliament, instead of or in addition to creating federal courts, to confer upon other courts, not established by the Commonwealth—such as State courts—a federal jurisdiction.

There is no corresponding provision in the Constitution of the United States, with the result that “Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself.” (Story, Comm. § 1593; and see Kent, Comm. i. 397.)

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