federal question quote; Mottley

 A suit arises under the Constitution and laws of the United States, so as to give the circuit court jurisdiction on that ground, only when plaintiff's statement of his own cause is based thereon; that jurisdiction cannot be based on an alleged anticipated defense which may be set up and which is invalid under some law or provision of the Constitution of the United States.

Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149 (1908).