About: Constitutional avoidance

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Constitutional avoidance is a legal doctrine in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. When a federal court is faced with a choice of ruling on a statutory, regulatory, or constitutional basis, the Supreme Court of the United States has instructed the lower court to decide the federal constitutional issue only as a last resort: "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." Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 347 (1936) (Brandeis, J., concurring).

Attributes	Values
rdfs:label	Constitutional avoidance (en)
rdfs:comment	Constitutional avoidance is a legal doctrine in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. When a federal court is faced with a choice of ruling on a statutory, regulatory, or constitutional basis, the Supreme Court of the United States has instructed the lower court to decide the federal constitutional issue only as a last resort: "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." Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 347 (1936) (Brandeis, J., concurring). (en)
foaf:depiction
dcterms:subject	Law of the United States
Wikipage page ID	23412671 (xsd:integer)
Wikipage revision ID	1112849291 (xsd:integer)
Link from a Wikipage to another Wikipage	Jurisdictional John Paul Stevens Riding circuit United States Department of the Treasury United States constitutional law Louis Brandeis Plurality opinion William J. Brennan Jr. Justiciability Felix Frankfurter Judicial restraint Legal doctrine United States federal courts Regulation Habeas corpus Ashwander v. Tennessee Valley Authority Law of the United States Chief Justice of the United States John Marshall Supreme Court of the United States Freedom of contract New Deal Officer (armed forces) Substantive due process Warrant (law) Statute Ashwander rules
sameAs	Constitutional avoidance Constitutional avoidance Constitutional avoidance
dbp:wikiPageUsesTemplate	dbt:Law dbt:Reflist
thumbnail	wiki-commons:Special:FilePath/Brandeisl.jpg?width=300
has abstract	Constitutional avoidance is a legal doctrine in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. When a federal court is faced with a choice of ruling on a statutory, regulatory, or constitutional basis, the Supreme Court of the United States has instructed the lower court to decide the federal constitutional issue only as a last resort: "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." Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 347 (1936) (Brandeis, J., concurring). The avoidance doctrine flows from the canon of judicial restraint and is intertwined with the debate over the proper scope of federal judicial review and the allocation of power among the three branches of the federal government and the states. It is also premised on the "delicacy" and the "finality" of judicial review of legislation for constitutionality, concerns regarding the credibility of the federal courts, and the "paramount importance of constitutional adjudication in our system." Those elements demonstrate a significant overlap between the avoidance doctrine and other jurisdictional or justiciability barriers. The avoidance doctrine reflects such other justiciability doctrines as standing and ripeness, and permeates jurisdictional doctrines like Pullman abstention and the adequate and independent state ground doctrine. (en)
prov:wasDerivedFrom	wikipedia-en:Constitutional_avoidance?oldid=1112849291&ns=0
page length (characters) of wiki page	8468 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Constitutional_avoidance
is Link from a Wikipage to another Wikipage of	Protection of Lawful Commerce in Arms Act Public Citizen v. Department of Justice Merrill v. Milligan Bond v. United States (2014) Brett Kavanaugh Johnson v. Arteaga-Martinez List of United States Supreme Court cases, volume 297 United States v. Lovett United States v. More Consumer Financial Protection Bureau Employment Division v. Smith Garland v. Gonzalez Bourke v. Beshear NSA warrantless surveillance (2001–2007) Nancy Gertner Legal challenges to the Trump travel ban Trump v. Hawaii Westside Community Board of Education v. Mergens William Irwin Grubb Last resort rule Adoptive Couple v. Baby Girl Executive Order 13780 Northwest Austin Municipal Utility District No. 1 v. Holder Textualism Ashwander v. Tennessee Valley Authority Kolender v. Lawson Rapanos v. United States Shelby County v. Holder Presumption of constitutionality Sony BMG v. Tenenbaum
is foaf:primaryTopic of	wikipedia-en:Constitutional_avoidance

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