Ashwander v. Tennessee Valley Authority

E615012

Ashwander v. Tennessee Valley Authority is a landmark 1936 U.S. Supreme Court decision best known for Justice Brandeis’s articulation of the “Ashwander rules,” which limit the Court’s exercise of judicial review and emphasize constitutional avoidance.

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Statements (46)

Predicate Object
instanceOf United States Supreme Court case
constitutional law case
landmark case
areaOfLaw administrative law
federal courts
separation of powers
articulatedBy Justice Louis D. Brandeis NERFINISHED
AshwanderRule The Court will not anticipate a question of constitutional law in advance of the necessity of deciding it.
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.
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.
The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.
The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary proceeding.
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.
When the validity of an act of Congress is drawn in question, and even if a serious doubt of constitutionality is raised, the Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.
AshwanderRulesCount seven
associatedDoctrine avoidance of advisory opinions
avoidance of unnecessary constitutional rulings
constitutional avoidance
judicial restraint
standing doctrine
citation 297 U.S. 288
concurrenceBy Justice Louis D. Brandeis NERFINISHED
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1936
defendant Tennessee Valley Authority NERFINISHED
famousFor articulation of the Ashwander rules
development of the doctrine of constitutional avoidance
limitations on the exercise of judicial review
fullCaseName Ashwander et al. v. Tennessee Valley Authority et al. NERFINISHED
historicalContext New Deal legislation and programs of the 1930s
holding The Court concluded that the government’s generation and sale of electric power as an incident to a valid regulatory program was constitutional.
The Supreme Court upheld the constitutionality of the Tennessee Valley Authority’s activities challenged in the case. NERFINISHED
impact became a leading precedent on judicial restraint in constitutional cases
influenced later Supreme Court jurisprudence on standing and justiciability
reinforced the practice of avoiding unnecessary constitutional decisions
jurisdiction United States of America
surface form: United States
legalIssue constitutionality of the Tennessee Valley Authority
federal power over navigation and flood control
federal power to generate and sell electric power
scope of federal power under the Commerce Clause
standing to challenge federal action
majorityOpinionBy Chief Justice Charles Evans Hughes NERFINISHED
plaintiff Ashwander NERFINISHED
relatedEntity Tennessee Valley Authority NERFINISHED
separateOpinionType concurring opinion

Referenced by (1)

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United States Supreme Court cases of the Hughes Court includesCase Ashwander v. Tennessee Valley Authority