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Youngstown Sheet & Tube Co. v. Sawyer · ¶44

The Framers, however, did not make the judiciary the overseer of our government. They were familiar with the revisory functions entrusted to judges in a few of the States and refused to lodge such powers in this Court. Judicial power can be exercised only as to matters that were the traditional concern of the courts at Westminster, and only if they arise in ways that to the expert feel of lawyers constitute “Cases” or “Controversies.” Even as to questions that were the staple of judicial business, it is not for the courts to pass upon them unless they are indispensably involved in a conventional litigation — and then, only to the extent that they are so involved.) Rigorous adherence to the narrow scope of the” judicial function is especially demanded in controversies that arouse appeals to the Constitution. The attitude with which this Court must approach its duty when confronted with…
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U. S. Reports, bound volume
U. S. Reports, volume 343, at 579 (Library of Congress) · transcription: Caselaw Access Project
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