delivered the opinion of the Court.
Respondents brought this suit in the United States District Court for the Western Division of the Eastern District of Arkansas to recover on fourtéen bonds of $1,000 each, which had been issued in 1924 by the petitioner, Chicot County Drainage District, organized under statutes of Arkansas, 1 and had been in default since 1932.
In its answer, petitioner pleaded a decree of the same District Court in a proceeding instituted by petitioner to effect a plan of readjustment of its indebtedness under the Act of May 24, • 1934, 2 providing for “Municipal-Debt Readjustments.” The decree recited that a plan of readjustment had been accepted by the holders of more than two-thirds of the outstanding indebtedness *373 and was fair and equitable; that to consummate the plan and with the approval of the court petitioner had issued and sold new serial bonds to the Reconstruction Finance Corporation in the amount of 1193,500 and that these new bonds were valid obligations; thát, also with the approval of the court, the Reconstruction Finance Corporation had purchased outstanding obligations of petitioner to the amount of $705,087.06 which had been delivered in exchange for new bonds and canceled; that certain proceeds had been turned over to the clerk of the court and that the disbursing agent had filed his report showing that the Reconstruction Finance Corporation had purchased all the. old bonds of petitioner other than the amount of $57,449.30. The decree provided for the application of the amount paid into court to the remaining old obligations of petitioner, that such obligations might be presented within one year, and that unless so presented they should be forever barred from participating in the plan of readjustment or in the fund paid into court. Except for. the provision for such presentation, the decree canceled the old bonds and the holders were enjoined from thereafter ■ asserting any claim thereon. ' ■
Petitioner pleaded this decree, which was entered in March, 1936, as res judicata. Respondents demurred to the answer. Thereupon the parties stipulated for trial without a jury."
The evidence showed respondents’ ownership of the bonds in suit and that respondents had notice of the proceeding for debt readjustment. The record of that proceeding, including the final decree, was introduced. The District Court ruled in favor of respondents and the Circuit Court of Appeals affirmed.
The courts below have proceeded on the theory that the Act of Congress, having been found to be unconstitutional, was not a law; that it was inoperative, conferring no rights and imposing no duties, and hence affording no basis for the challenged .decree.
Norton
v.
Shelby County,
First.
Apart from the contention as to the effect of the later decision as to constitutionality,, all the elements necessary to constitute the defense of
res judicata
are present. It appears that the proceedings in the District Court to bring about a plan of readjustment were conducted in complete conformity to the statute. The Circuit Court of Appeals observed that no question had been raised as to the regularity of the court’s action. The answer in the present suit alleged that the plaintiffs (respondents here) had notice of the proceeding and were parties, and the evidence was to the same effect, showing compliance with the statute in that respect. As parties, these bondholders had full opportunity to present any objections to the proceeding, not only as to its regularity, or the fairness of the proposed plan of readjustment, or the propriety of the terms of the decree, but also as to the validity of the statute under which the proceeding was brought and the plan put into effect. Apparently no question of validity was raised and the cause proceeded to decree on the assumption by all parties and the court itself that the statute was valid. There was no attempt to review the decree. If the general principles governing the defense of
res judicata
are applicable, these bondholders, having the opportunity to raise the question of invalidity, were not the less bound by the decree because they failed to raise it.
Cromwell
v.
County of Sac,
*376 Second. The argument is pressed that the District Court was sitting as a court of bankruptcy, with the limited jurisdiction conferred by statute, and that, as the statute was later declared to be invalid, the District Court was without jurisdiction to entertain the proceeding and hence its decree is open to collateral attack. We think the-argument untenable. Thh lower federal courts are all courts of limited jurisdiction, that is, with only the jurisdiction which Congress has prescribed. But none the less they are courts with authority, when parties are brought before them in accordance with the requirements of due process, to determine whether or not théy have jurisdiction to entertain the cause and for this purpose to construe and apply the statute under which they are asked to act. Their determinations of such 'questions, while open to direct review, may not be assailed collaterally.
In the early case of
M’Cormick
v.
Sullivant,
Whatever the contention as to jurisdiction may be, whether it is that the boundaries of a valid statute have been transgressed, or that the statute itself is invalid, the question of jurisdiction is still one for judicial determination. If the contention is one as to validity, the question is to be considered in the light of the standing of the party who seeks to raise the quéstion and of its particular application. In the present instance it is suggested that the situation of petitioner, Chicot County Drainage District, is different from that of . the municipal district before the court in the
Ashton
case. Petitioner contends that it is not a political subdivision of the State of Arkansas but an agent of the property owners within the District. See
Drainage District No. 7 of Poinsett County
v.
Hutchins,
The remaining question is simply whether respondents, having failed to raise the question in the proceeding to which they were parties and in which they could have raised it and had it finally determined, were privileged to remain quiet and raise it in a subsequent suit. Such a view is contrary to the well-settled principle that res judicata may be pleaded as a bar, not only as respects matters actually presented to sustain or defeat the right asserted, in the earlier proceeding, “but also as respects any other available matter which might have been presented to that end.” Grubb v. Public Utilities Comm’n, supra; Cromwell v. County of Sac, supra.
The judgment is reversed and the cause is remanded to the District Court with direction to dismiss the complaint.
Reversed.
Notes
Act No. 405, Extra. Sess., General Assembly of Arkansas, approved February 20, 1920,- as amended by Act No. 432 of 1921, arid General Drainage Law of Arkansas, approved May 27, 1909.
48 Stat. 798. Originally this provision was limited to two years but it was extended to January 1, 1940, by Act approved April 10, 1936, 49 Stat. 1198.
See Field, “The Effect of an Unconstitutional Statute”; 42 Yale Law Journal 779; 45 Yale Law Journal 1533; 48 Harvard Law Review 1271; 25 Virginia Law Review 210.
See
Drainage District No.
2 v.
Mercantile-Commerce Bank,
See, also,
Miller
v.
Tyler,
