Ashwander v. TVA
297
MR. JUSTICE BRANDEIS, concurring
The Court developed, for its own governance
in the cases confessedly within its jurisdiction, a series of rules under which
it has avoided passing upon a large part of all the constitutional questions
pressed upon it for decision. They are:
1. The Court will not pass upon the
constitutionality of legislation in a friendly, nonadversary,
proceeding, declining because to decide such questions "is legitimate only
in the last resort, and as a necessity in the determination of real, earnest
and vital controversy between individuals. It never was the thought that, by
means of a friendly suit, a party beaten in the legislature could transfer to
the courts an inquiry as to the constitutionality of the legislative act."
2. The Court will
not "anticipate a question of constitutional law in advance of the
necessity of deciding it." necessary to a decision of the case."
3. The Court will not "formulate a
rule of constitutional law broader than is required by the precise facts to
which it is to be applied." Liverpool,
N.Y. & P. S.S. Co. v. Emigration Commissioners, supra; compare Hammond v. Schapp Bus Line, 275 U. S. 164, 169-172.
4. The Court will not pass upon a
constitutional question, although properly presented by the record, if there is
also present some other ground upon which the case may be disposed of. This
rule has found most varied application. Thus, if a case can be decided on either
of two grounds, one involving a constitutional question, the other a question
of statutory construction or general law, the Court will decide only the
latter. Siler v.
5. The Court will not pass upon the
validity of a statute upon complaint of one who fails to show that he is
injured by its operation. [Footnote 2/6] Tyler
v. The Judges, 179
6. The Court will not pass upon the
constitutionality of a statute at the instance of one who has availed himself
of its benefits.] Great Falls Mfg. Co. v.
Attorney General, 124 U. S. 581;
Wall v. Parrot Silver & Copper Co.,
244 U. S. 407, 411-412; St. Louis Malleable Casting Co. v. Prendergast
Construction Co., 260 U. S. 469.
7. "When the validity of an act of the
Congress is drawn in question, and even if a serious doubt of constitutionality
is raised, it is a cardinal principle that this Court will first ascertain
whether a construction of the statute is fairly possible by which the question
may be avoided."