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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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18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
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