Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Constitution 123
But what prevents the courts from hearing the case, coming to a conclusion based on LAW and forwarding their findings to congress for action?

Because courts hear cases, which means that the courts can decide legal issues only in the context of resolving a dispute between two parties that the court can remedy. Since the administration of George Washington (literally), the Supreme Court has consistently ruled that courts cannot issue "advisory opinions" to other branches of government.

363 posted on 02/04/2013 8:56:39 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 346 | View Replies ]


To: Lurking Libertarian

The judicial power extends to cases affecting ambassadors, other public ministers, and consuls. I would consider the President or President elect to be “other public ministers”. Cases affecting those people fall under the original jurisdiction of the Supreme Court.

In addition, there are “controversies to which the United States shall be a party”. Who exactly is “The United States”?


364 posted on 02/04/2013 9:08:38 PM PST by butterdezillion
[ Post Reply | Private Reply | To 363 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson