Ashwander v. Tennessee Valley Authority (1900)

Docket
404
Decided
1900-1940-

Summary

Question: Did Congress exceed its power in implementing and administering the TVA? Conclusion: No. The Court held that Congress did not abuse its power with the TVA. Justice Hughes argued that the Wilson Dam, the location where the TVA was in the business of generating electricity, had been built originally in the interest of national defense: it produced materials involved in munitions manufacture. The government could sell excess electricity to consumers without violating the Constitution. This case is especially important for the concept of judicial review as expressed in Justice Brandeis's concurrence.. Brandeis articulated a set of "rules" governing the appropriateness of judicial review.

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