6 Constraints On The Supreme Court's Judicial Power
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Politics and Activism

6 Constraints On The Supreme Court's Judicial Power

The Supreme Court has various constraints on what cases it can decide.

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6 Constraints On The Supreme Court's Judicial Power
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There are various constraints to judicial power that prevents a Court from taking part in judicial review.

Jurisdiction

The Court must have the authority to hear a particular case to decide on it. If a Court doesn't have the jurisdiction on civil cases, then it cannot make decisions that are dealing with civil issues. The Constitution and various bills in Congress gives the Supreme Court and lower federal court jurisdiction. In Marbury v. Madison, the Supreme Court ruled that Congress could not modify the Court's original jurisdiction that is laid out in the Constitution. However, in Ex parte McCardle, the Court didn't reject Congress's effort to restrict the Court's jurisdiction on certain cases after previously granting it in a law that was later repealed.

Advisory Opinions

The Supreme Court does not give opinions on matters that do not constitute a case or controversy. The president cannot ask the Court if a theoretical law or action would be constitutional or not. The Court believes that answering to advisory opinions would violate the principles behind the separation of powers.

Collusive Suits

The Supreme Court does not decide on cases where the opposing parties work together to have the same outcome or to test a new law or action to determine its constitutionality. Deciding a collusive suit would go against the Court's purpose of deciding if a law or action is constitutional or not. Additionally, there is no true case or controversy present for the Court to resolve.

Mootness

The Court will not decide cases where the central issue or problem has been resolved before reaching the argument stage. However, exceptions can be made if there is a chance that the issue at hand could affect future situations. A famous example is in Roe v. Wade where the Court decided to issue an opinion as there could be multiple individuals with similar circumstances to Roe who are trying to seek an abortion.

Ripeness

The opposite of mootness, the Court will not decide cases where a grievance did not occur yet to a party in a case.

Political Questions

The Court steers away from political questions as it views itself as a non-political body that shouldn't get into political matters. However, the Court will look into deciding political questions if there is no "textually demonstrable commitment" to another branch of government and if the decision would be better left to another branch.

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