Section 2 Justiciability

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Section 2 Justiciability

• Clause 1 Cases and Controversies

  The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

  • Overview of Cases and Controversies

  • Historical Background

  • Overview of Admiralty and Maritime Jurisdiction

  • Historical Background on Admiralty and Maritime Jurisdiction

  • Rules of Justiciability and the Case or Controversy Requirement

    • Overview

    • Historical Background

  • Advisory Opinions

    • Overview of Advisory Opinions

    • Advisory Opinion Doctrine and Practice

    • Advisory Opinions and Declaratory Judgments

  • Adversity Requirement

    • Overview of Adversity Requirement

    • Early Adversity Doctrine

    • Modern Adversity Doctrine

      • Intra-Branch Litigation

      • Challenges to Statutes that the Executive Branch Agrees are Unconstitutional

  • Standing

    • Overview of Standing

    • Early Standing Doctrine

    • Standing Doctrine from 1940s to 1970s

    • Taxpayer Standing

    • Standing of Federal and State Legislators

    • Congressional Control of Standing

    • The Lujan v. Defenders of Wildlife Test

      • Overview of the Lujan Test

      • Concrete Injury

      • Particularized Injury

      • Actual or Imminent Injury

      • Causation

      • Redressability

    • Representational Standing

      • Overview of Representational Standing

      • Associational Standing

      • States and Parens Patriae

      • Assignees of a Claim

      • Agency and Standing

      • Overbreadth Doctrine

    • Prudential Standing

      • Overview of Prudential Standing

      • Zone of Interests Test

      • Third Party Standing

      • Generalized Grievances

  • Ripeness

    • Overview of Ripeness Doctrine

    • United Public Workers and Ripeness

    • Abbott Laboratories Trilogy and Ripeness

    • The Ripeness Doctrine Since 1967: Overview

    • Fitness and Ripeness

    • Hardship and Ripeness

    • Contexts in Which Ripeness Arises

    • Administrative Law and Ripeness

    • Criminal Statutes and Ripeness

    • Takings and Ripeness

    • Continuing Vitality of Ripeness Doctrine

  • Mootness

    • Overview of Mootness Doctrine

    • Early Mootness Doctrine

    • Modern Mootness Doctrine

    • General Criteria of Mootness

    • Exceptions to Mootness Overview

    • Voluntary Cessation Doctrine

    • Capable of Repetition, Yet Evading Review

    • Criminal Cases and Mootness

    • Class Action Litigation and Mootness

  • Political Questions

    • Overview of Political Question Doctrine

    • Marbury v. Madison and Political Question Doctrine

    • Luther v. Borden and the Guarantee Clause

    • From Coleman v. Miller to Baker v. Carr

    • Modern Political Question Doctrine

    • Foreign Affairs as a Political Question

    • Congressional Governance as a Political Question

    • Impeachment and Political Questions

    • Political Process, Elections, and Gerrymandering

    • Evolving Doctrine on Partisan Gerrymandering

    • Nonjusticiability of Partisan Gerrymandering Claims

  • Constitutional Avoidance Doctrine

    • Overview of Constitutional Avoidance Doctrine

    • The Judicial Branch in the Constitutional Framework

    • The Counter-Majoritarian Difficulty

    • Ashwander and the Rules of Constitutional Avoidance

    • Judicial Minimalism

    • The Last Resort Rule

    • [The Constitutional-Doubt Canon](https://www.law.cornel