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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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jackfrost11770
16:51
I have no idea I've never been to one
jackfrost11770
16:51
Hence Idk what to expect even capacity wise
jackfrost11770
16:51
But I'm literally still 30 minutes from home and it's in 10 min so unless I join on my phone with no camera or mic then I cannot lmao
jackfrost11770
16:55
You know what if Cornell don't want me they don't me I'm not worrying myself over this
16:57
There was a Vandy wave today?
GodsPlanUltimately
16:57
@jackfrost11770: What a excellent mindset. Cornell must have poor taste
1. Kansas 196. Cornell
nope cornell can be 2.
cornell is incredibly based
our professors are sigmapilled goonmaxxers
i see, a quality education
GodsPlanUltimately
16:59
Interesting folks.
jackfrost11770
17:00
Cornell put me on reserve after interview they are at least slightly unbased
@jackfrost11770: thats why they sit at 2
cornell is based but universal rule is adcoms are ghouls
texaslawhopefully
17:01
this is depressing lol: https://thedispatch.com/newsletter/boilingfrogs/shock-and-awe/
Dkk
17:01
@GodsPlanUltimately smart of them
Dkk
17:02
How is it unpopular when he got the pop vote and the electoral college. Unreadable after the title.
Who’s hearing from uclaaa rnnnn
texaslawhopefully
17:03
Glad you're back dk lmao. If you read the actual article, it's that his day one EO's are wildly unpopular (for instance the majority of americans support birthright citizenship). He can have won the popular vote and still do unpopular stuff
texaslawhopefully
17:03
"Two recent polls found opposition to pardoning the J6ers at 57 and 59 percent, respectively, and that was before Americans understood that even the cop-beaters in the crowd that day would be let off scot-free."
I wonder if this chat has mods
17:04
as most dictators who have come into power do, he appealed to the masses just to turn face once in power
Barely nutty
Dkk
17:04
@texas maybe so. Maybe so.
17:04
we have been duped.
17:05
Oh well there is always the next election.* *- unless there are no more elections.
texaslawhopefully
17:05
I lean conservative and for a long time was one of those people who thought that he was bad but wasn't a facist and that sort of rhetoric was over-reactive. And for those reasons I voted for Harris, but I think I was underestimating him by far.
gov hiring freeze is insane
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