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What doctrine prevents federal court from issuing advisory opinions?
Wiki User
∙ 12y ago
The Constitutional principle of "cases and controversies" prevents the federal courts from issuing advisory opinions. Article III, Section 2 states that the judicial power extends to certain types of "cases" and certain types of and "controversies." Unless there is a genuine issue between litigants, the federal courts have no power to act on a matter.
This was established in 1793, when President George Washington asked the Supreme Court for the court's advice on some questions of international law. Then Chief Justice John Jay refused to give such advice citing the above section of the Constitution.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoThe case of controversy requirement prevents federal court from giving advisory opinions about theoretical, not real, disputes.
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