Case or controversy
Encyclopedia
The Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) has been deemed to impose a requirement that United States federal courts
are not permitted to hear cases that do not pose an actual controversy
— that is, an actual dispute between adverse parties which is capable of being resolved by the court
. The Court and legal scholars commonly refer to the issue of whether a "case or controversy" exists as the concept of standing
.
The entire clause in the Constitution reads as follows:
This clause, in addition to setting out the scope of the jurisdiction of the federal judiciary, prohibits courts from issuing advisory opinion
s, or from hearing cases that are either unripe
, meaning that the controversy has not arisen yet, or moot
, meaning that the controversy has already been resolved.
The earliest expression by the United States Supreme Court
of adherence to this requirement came during the presidency
of George Washington
. Washington sent a letter to the Court asking for their approval should he choose to seek advice from them from time to time on matters that might not come before the Court in a timely manner. Chief Justice John Jay
wrote in his response that, although the members of the Court had great confidence in the ability of the president to receive appropriate advice from his executive officers, the Court itself was constitutionally bound not to go beyond its role as an arbiter of judicial questions.
The most famous case setting forth the parameters of this requirement is Muskrat v. United States
, 219 U.S. 346 (1911), in which the Court held that when Congress paid the legal bills for both the plaintiff
s and the defendant
(in this case the U.S. Treasury
department, by designation), then there was no real controversy between the parties, and a judgment of the Court would be the equivalent of an advisory opinion.
The controversial case of Roe v. Wade
was a notable exception to the actual controversy requirement. Justice Harry Blackmun
wrote that due to the natural limitation of the human gestation period, issues concerning pregnancy will always come to term before the appellate process is complete. Roe v. Wade
410 U.S. 113 (1973). In essence, the rigid application of the actual controversy requirement would effectively deny review. Therefore, the Supreme Court held that a ban on abortion was unconstitutional despite the issue being moot.
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
are not permitted to hear cases that do not pose an actual controversy
Controversy
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of opinion. The word was coined from the Latin controversia, as a composite of controversus – "turned in an opposite direction," from contra – "against" – and vertere – to turn, or versus , hence, "to turn...
— that is, an actual dispute between adverse parties which is capable of being resolved by the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. The Court and legal scholars commonly refer to the issue of whether a "case or controversy" exists as the concept of standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
.
The entire clause in the Constitution reads as follows:
This clause, in addition to setting out the scope of the jurisdiction of the federal judiciary, prohibits courts from issuing advisory opinion
Advisory opinion
An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important...
s, or from hearing cases that are either unripe
Ripeness
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all." For example, if a law of ambiguous quality has been enacted but never...
, meaning that the controversy has not arisen yet, or moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
, meaning that the controversy has already been resolved.
The earliest expression by the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
of adherence to this requirement came during the presidency
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
of George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
. Washington sent a letter to the Court asking for their approval should he choose to seek advice from them from time to time on matters that might not come before the Court in a timely manner. Chief Justice John Jay
John Jay
John Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States ....
wrote in his response that, although the members of the Court had great confidence in the ability of the president to receive appropriate advice from his executive officers, the Court itself was constitutionally bound not to go beyond its role as an arbiter of judicial questions.
The most famous case setting forth the parameters of this requirement is Muskrat v. United States
Muskrat v. United States
Muskrat v. United States, 219 U.S. 346 , is a case that appears in virtually every constitutional law casebook published, because of its delineation of the authority of United States federal courts to hear certain kinds of cases.-Facts:...
, 219 U.S. 346 (1911), in which the Court held that when Congress paid the legal bills for both the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s and the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
(in this case the U.S. Treasury
United States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
department, by designation), then there was no real controversy between the parties, and a judgment of the Court would be the equivalent of an advisory opinion.
The controversial case of Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
was a notable exception to the actual controversy requirement. Justice Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
wrote that due to the natural limitation of the human gestation period, issues concerning pregnancy will always come to term before the appellate process is complete. Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
410 U.S. 113 (1973). In essence, the rigid application of the actual controversy requirement would effectively deny review. Therefore, the Supreme Court held that a ban on abortion was unconstitutional despite the issue being moot.