Justiciability

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• Justiciability Part I
• Jan. 20, 2006

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Types of Limits on Judicial Power

• Interpretive Limits
• Statutory Limits
• Article III Limits (justiciability doctrines)

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Types of Limits on Judicial Power

• Interpretive Limits
• Statutory Limits
• Article III Limits (justiciability doctrines)

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Article III

• Section 2 "The judicial Power shall extend to
  all Cases, in Law and Equity, arising under this
  Constitution, the Laws of the United States to
  Controversies to which the United States shall be
  a Party "

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Article III

• Section 2 "The judicial Power shall extend to
  all Cases, in Law and Equity, arising under this
  Constitution, the Laws of the United States to
  Controversies to which the United States shall be
  a Party "

The power to apply the law to legal disputes
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Article III

• Section 2 "The judicial Power shall extend to
  all Cases, in Law and Equity, arising under this
  Constitution, the Laws of the United States to
  Controversies to which the United States shall be
  a Party "

legal dispute between litigants based on facts
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Article III

• Section 2 "The judicial Power shall extend to
  all Cases, in Law and Equity, arising under this
  Constitution, the Laws of the United States to
  Controversies to which the United States shall be
  a Party "

Synonym for "cases"
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Case or Controversy requirement

• Legal dispute between litigants based on actual
  facts
• No advisory opinions
• No conjectural, premature or stale cases
• Only litigants with real personal disputes of
  adversarial character
• No political disputes (i.e., matters not suited
  for adjudication in court of law)

Marshall Questions, in their nature political,
or which are, by the Constitution and laws,
submitted to the executive, can never be made in
this Court."
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Prudential rules (self-restraint)

• Exercise power of judicial review only as a last
  resort
• Sequence of adjudication in a case
• Decide state issues 1st
• Decide federal statutory issues 2nd
• Decide federal constitutional questions last
• Construe statutes as to render them const'l
• Decide cases on narrowest grounds
• Decide cases only if brought by persons whose
  rights are violated, not by interlopers

avoidance
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Advisory Opinions

• Marshall's syllogism for judicial review
• Courts must decide cases
• If those cases set up the constitution as a right
  or defense, courts must be allowed to look to the
  constitution
• If the constitution is supreme, it must provide
  the rule of decision in every case in which
  invoked
• but only when necessary to decide actual cases

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Opinion of the Justices (1793)

• Interpretation of peace treaty
• Why did Washington/Jefferson want a judicial
  interpretation of the treaty US obligations?
• Why didn't Jay want to provide it?
• "We exceedingly regret every event that may cause
  embarrassment to your administration, but we
  derive consolation from the reflection that your
  judgment will discern what is right, and that
  your usual prudence, decision, and firmness will
  surmount every obstacle to the preservation of
  the rights, peace, and dignity of the United
  States."

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Opinion of the Justices (1793)

• Advisory Opinions
• If not S.Ct., who gives President legal advice?
• Art. II, 2, 1 "the President may require
  the Opinion, in writing, of the principal Officer
  in each of the executive Departments, upon any
  subject relating to the Duties of their
  respective offices
• After Jays letter, Washingtons Cabinet
  formulated a set of "regulations" reflecting
  executive interpretation of international law --
  for the President cannot fulfill his obligation
  to take care that the law be executed without
  making a determination of what it means.
• Contrast state Supreme Courts
• e.g., Michigan Constitution, Art. III, 8

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Justiciability Overview

• What we know so far
• Jurisdiction of federal courts is limited
• By Article III of the Constitution
• By enabling legislation (except for SCt original
  jdx)
• Congress may confer less jdx than Art. III
  permits, but not more
• Article III limits on jurisdiction strictly
  construed
• Extends only to cases and controversies
• In 9 subject matter areas (e.g., federal
  question)
• What is a case or controversy?
• Form of litigation as known at common law
• Adversarial, based on real facts, real injuries

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Justiciability Overview

• What we know so far
• No Political Questions
• I.e., courts do not decide questions that the
  constitution entrusts to the political branches
  of government
• Nomination of officers
• Making of treaties international diplomacy
• No Advisory Opinions
• Supreme Courts sole function is to decide
  cases not to revise legislation nor to render
  advice
• Compare the judgment of a case, and its dicta
• Line between deciding advising is strict
  technical