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Simple English definitions for legal terms

Ashwander rules

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A quick definition of Ashwander rules:

Ashwander rules are a set of principles that the U.S. Supreme Court follows when deciding cases that involve constitutional questions. These rules were created to make sure that the Court only decides on constitutional issues when it is absolutely necessary, and to avoid making decisions on constitutional questions if the case can be resolved on another issue. The rules include things like not deciding on a constitutional question in a friendly case, not creating a rule of constitutional law that is broader than necessary, and not ruling on the constitutionality of a law unless the plaintiff is harmed by it. These rules help the Court make fair and just decisions that follow the law.

A more thorough explanation:

Ashwander rules refer to a set of principles that guide the U.S. Supreme Court in deciding constitutional questions. These rules were outlined in Justice Brandeis's concurring opinion in Ashwander v. Tennessee Valley Authority in 1936.

The Ashwander rules include:

  • The court should not decide a constitutional question in a friendly suit.
  • The court should not anticipate a question of constitutional law.
  • The court should not create a rule of constitutional law that is broader than that called for by the facts of the case.
  • The court should not decide a constitutional issue if the case can be decided on another ground.
  • The court should not rule on the constitutionality of a statute unless the plaintiff is harmed by the statute or if the plaintiff has accepted the benefits of the statute.
  • The court should not rule on the constitutionality of an act of Congress without first analyzing whether the act can be fairly construed in a way that would avoid the constitutional question.

For example, if a person challenges a law that they have not been affected by, the court may not rule on the constitutionality of the law. Similarly, if a case can be decided on a non-constitutional issue, the court may avoid ruling on the constitutional question.

The Ashwander rules help ensure that the Supreme Court only decides constitutional questions when necessary and avoids creating broad rules that may have unintended consequences.

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JumpySubsequentDolphin
20:50
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JumpySubsequentDolphin
20:50
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20:50
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20:50
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JumpySubsequentDolphin
20:51
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20:52
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JumpySubsequentDolphin
21:32
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JumpySubsequentDolphin
21:32
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21:34
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21:35
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JumpySubsequentDolphin
21:35
he has since moved
22:12
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JumpySubsequentDolphin
22:39
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22:45
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