Muskrat v. United States (1900)
- Docket
- 330
- Decided
- 1900-1940-
Summary
Question: Can Congress authorize matters for judicial review that are not "cases" or "controversies"? Conclusion: No. Justice William R. Day delivered the opinion for a 7-0 court. The Court ruled that Congress could not create jurisdiction for judicial review of a specific matter by way of legislation. This is because "the right to declare an act of Congress unconstitutional could only be exercised when a proper case between opposing parties was submitted for judicial determination." The Constitution granted the judiciary the power to decide "cases" and "controversies," but did not grant a "general veto power...upon the legislation of Congress."