Case or Controversy Clause

Case or Controversy Clause is a provision of the United States Constitution that is often interpreted as the foundation for the judicial review and the separation of powers, the fundamental principles of the American legal system.

Overview

The Case or Controversy Clause is found in Article III, Section 2, Clause 1 of the United States Constitution, which states that the judicial power of the United States is extended to certain types of cases and controversies. The clause is interpreted as limiting the types of matters over which the federal courts have jurisdiction and the types of disputes which they can adjudicate.

Interpretation

The interpretation of the Case or Controversy Clause has been a subject of debate. The Supreme Court of the United States has interpreted the clause as limiting the federal courts to the role of resolving "cases" or "controversies" and prohibiting them from issuing advisory opinions or decisions on moot or hypothetical questions.

Implications

The Case or Controversy Clause has significant implications for the operation of the federal courts. It is the basis for the principles of standing, ripeness, mootness, and political question doctrine, which are used to determine whether a party has a sufficient stake in a matter to bring a lawsuit and whether a court has the power to hear a case.

See also

• Advisory opinion
• Justiciability
• Political question doctrine
• Ripeness
• Mootness
• Standing (law)

References

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