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Supreme Court Decision
Ashwander v. Tennessee Valley Authority
This decision has less to do with any far-reaching constitutional issue, than it does with the Court's reiteration of the circumstances under which it will consider the constitutionality of a statute.
The case in question was a claim by stockholders of a small utility company that the TVA -- a large, government-owned construction project that sold electricity generated as a byproduct of building dams and waterways -- was unconstitutional. The Court ruled that the government had a right to involve itself with such construction when it affects national security, enhances interstate commerce, and produces other general public benefits, and that Article IV Section 3 of the Constitution gave it the right to sell property -- i.e. electricity in this case -- that it had gained legally. In writing his concurring opinion, Justice Louis Brandeis expressed concern that such a simple disagreement should have reached the high court. He included in his opinion a list of guidelines, which came to be known as the Ashwander Rules, under which the Court might agree to review the constitutionality of legislation. Briefly, they were as follows:
Comment on this Decision Read Comments On this decision specifically, ... or on subject Judicial Review ... or on subject Commerce Write your Congressmen on this issue. Other decisions pertaining to Judicial Review: Baker v. Carr [369 U.S. 186 (1962)] Warren Court Fletcher v. Peck [10 U.S. 87 (1810)] Marshall Court Marbury v. Madison [5 U.S. 137 (1803)] Marshall Court McCulloch v. Maryland [17 U.S. 316 (1819)] Marshall Court Scott v. Sandford [60 U.S. 393 (1857)] Taney Court United States v. Carolene Products [304 U.S. 145 (1905)] Hughes Court
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