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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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starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
MrThickRopes
23:12
fuuuckkkk
MrThickRopes
23:12
mr thick. ropes is . wasteddddd
Just wnna say im proud of everyone who applied to schools this year! You’re amazing!!
Hi guys quick question
Has anyone applied to Jacksonville ?
Jacobdoeshisbest
1:24
Hi
whats up yall i have noone to tell that I just got a 169 on a practice test and I am so proud of myself. that's all
@DirtyQuackYak: Congrats but that's not good enough. 173 is the new 170 so do the math. Buckle up.
@CheerfulSpikyVole: Nah, no one would apply to that school that hangs around here.
@MrThickRopes: sounds like the next Dkk.
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