During the tense summer of 1793, President George Washington sent a list of 29 legal questions about foreign treaties to the Supreme Court. The justices politely refused to answer them. They explained that under Article III of the Constitution, federal courts cannot act as policy advisors and must only rule on active, opposing lawsuits.
This limit is called justiciability. It is a strict checklist that determines whether a federal judge has the constitutional power to decide a specific case. To get past the courtroom doors, a dispute must be a genuine clash between two injured sides, not a friendly debate or a request for advice.
These rules also block judges from deciding "political questions" that the Constitution leaves to Congress or the president. Deciding whether to declare war or how to negotiate trade deals are political decisions that courts cannot touch.
Justiciability maintains the balance of power within the federal government by preventing courts from acting as super-legislatures. It forces political actors to resolve policy disputes through democratic processes rather than litigation.
People often think federal courts can rule on the constitutionality of any government action. In practice, a case must meet strict procedural requirements before a court will even consider the merits.
Justiciability maintains the balance of power within the federal government by preventing courts from acting as super-legislatures. It forces political actors to resolve policy disputes through democratic processes rather than litigation.
People often think federal courts can rule on the constitutionality of any government action. In practice, a case must meet strict procedural requirements before a court will even consider the merits.