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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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BlueFalcon95
1:19
[deleted by starfishies]
what tier is an mba
+ my undergrad and masters dont have a numerical gpa (international), will that hurt/help me? tyyy
an mba isnt even T4, international will hurt you
soft tiers are subjective and made up
@BruceSutter: only when the evaluator is low skill
@FartSmeller5000: the us isnt exactly down with non americans getting the high paying jobs rn
@ronniedoeslaw: if that is your 3
year cover
While tony montanna
NosyBeagle
10:10
i am once again being chronically online by talking to you guys
real
ronniedoeslaw
10:55
Started the show Suits this week & idk why I never watched but it’s so good
11:06
its like the west wing for me in that I like it for awhile then abruptly stop watching it once it all just feels like rehashes of the same stuff
ronniedoeslaw
11:14
Yeah I have a feeling after the first 3-4 seasons they run out of new ideas and it gets over saturated
11:22
I stopped watching by Season 3 lol
11:23
Season 1 - 2.5 were good but after that it got kinda boring ngl
OrangeThing
11:25
1 and 2 are good, 5 is great, skip the rest
AngryMiniCar
11:45
I was in the wrong chat sighh
AngryMiniCar
11:45
Anyone applying upcoming cycle?
11:45
ye
NosyBeagle
12:18
i am
maybe
@AngryMiniCar: fresh meat is that way --> r/lawschooladmissions
I'm waiting until cycle after to apply. Studying while at a trial heavy firm somewhatblows.
NERD!
I just dropped like $300 on legal writing books, so that's 100000000% fair.
12:52
imagine paying for books this message brought to you by library genesis
I already got what ones I could through the state law library/state bar and other online sources, ie LG.
NosyBeagle
13:01
i pirate what i need. i hate book publishers raaaaaaaa
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