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- Case_or_Controversy_Clause abstract "The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of the "judicial review." The Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear.For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication of claims where (1) the plaintiff has actually and personally suffered injury or harm "in fact", (2) the injury or harm suffered by the plaintiff is fairly traceable to the defendant's actions and (3) the injury or harm would be capable of redress by the court. The Court has also interpreted the clause as limiting Congress' ability to confer jurisdiction on federal courts. It does so by establishing an outer limit of the types of matters within which Congress may constitutionally confer jurisdiction. Historically, the Court has not interpreted this Clause to limit Congressional power to restrict the jurisdiction of the federal courts.The delicate phrasing of the Clause and the ambiguity of the terms therein has inspired frequent academic debate. Though the Supreme Court has given much attention to the legal issues arising from this provision of the Constitution, many problematic issues remain unresolved. Critics argue that the standing requirements imposed by this Clause enable judges to avoid difficult issues, decide the merits of a case before the parties have had a fair opportunity to litigate, and avoid the necessity of applying law the judge finds distasteful.".
- Case_or_Controversy_Clause wikiPageID "1847776".
- Case_or_Controversy_Clause wikiPageRevisionID "589794192".
- Case_or_Controversy_Clause hasPhotoCollection Case_or_Controversy_Clause.
- Case_or_Controversy_Clause subject Category:Clauses_of_the_United_States_Constitution.
- Case_or_Controversy_Clause subject Category:United_States_civil_procedure.
- Case_or_Controversy_Clause comment "The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art.".
- Case_or_Controversy_Clause label "Case or Controversy Clause".
- Case_or_Controversy_Clause sameAs m.060q9g.
- Case_or_Controversy_Clause sameAs Q5048355.
- Case_or_Controversy_Clause sameAs Q5048355.
- Case_or_Controversy_Clause wasDerivedFrom Case_or_Controversy_Clause?oldid=589794192.
- Case_or_Controversy_Clause isPrimaryTopicOf Case_or_Controversy_Clause.