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Why do we have no law that allows the President of the

Customer Question
United States to request an...
Why do we have no law that allows the President of the United States to request an expedited reply from the US Supreme Court on a constitutional issue raised by a proposed law BEFORE implementation?
Other democracies do have such a law. It seems eminently rational and practical.
What needs to be done to pass such a law? It seems to me Congress could and should pass it.
Submitted: 8 months ago.Category: Business Law
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12/4/2017
Business Lawyer: Infolawyer, Attorney replied 8 months ago
Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 63,641
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It’s a good idea and practical. However the court can only hear a live controversy involving parties to a dispute normally through appeal. The president can and does confer with experienced White House counsel and the solicitor general as well often with outside counsel.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 8 months ago
how can that be changed? It sounds to me like a Court rule more than any Constitutional mandate. If indeed the Court can make its own Rules then it would be a simple matter to persuade the Court to do the right thing?
Business Lawyer: Infolawyer, Attorney replied 8 months ago

It would require a constitutional amendment.

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Business Lawyer: Infolawyer, Attorney replied 8 months ago

Court's authority is to hear controversies, not give advice or opnions otherwise.

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Customer reply replied 8 months ago
A constitutional amendment takes passage by Congress and approval by 37 states. A near impossible task. Is there a particular clause in the Constitutional clause prohibiting such action? And what if there is one. All the Court need decide is make it a rule in the general interest, under it's own rule making powers. Nobody would have the power to constitutionally contest it to anyone but the Court itself. Except perhaps by a specific new constitutional clause , since the Court itself is the last arbiter of any constitutional question!!! An attempt doomed to logical failure anyway. Sounds good to me as an option to resolve a sticky problem that only serves dishonest politicians. They hope that the major unwelcome consequences of dismantling years of illegal implementation of an illegal law will so discourage the Justices that they will vote against what they know is Constitutional law. It has happened before. I give you a 5 star rating here, but the system will not allow me to do so at the SUBMIT button Thanks for your input
Business Lawyer: Infolawyer, Attorney replied 8 months ago
Article 3 does not permit such advisory work. It also doesn’t expressly bar it. That said judges have refused to opine at all levels.
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Business Lawyer: Infolawyer, Attorney replied 8 months ago
Please select the 5 star (*****) rating on your page for the answer. Happy Holidays!
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