[20220329]LSB10721_宪法回避原则：最后手段规则（第2部分共3部分）.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Constitutional Avoidance Doctrine: The Last Resort Rule (Part 2 of 3) March 29, 2022 The Constitutional Avoidance Doctrine (see CRS Legal Sidebar LSB10719, The Modes of Constitutional Analysis: The Constitutional Avoidance Doctrine (Part 9) is a set of rules the Supreme Court has developed to guide federal courts in disposing of cases that raise constitutional questions in order to minimize tensions that arise when an unelected federal judiciary sets aside laws enacted by Congress or state legislatures. Under the Constitutional Avoidance Doctrine, federal courts should interpret the Constitution only when it is a “strict necessity.” In a concurring opinion in Ashwander v. Tennessee Valley Authority, Justice Louis Brandeis identified seven rules comprising the Constitutional Avoidance Doctrine: (1) the Rule Against Feigned or Collusive Lawsuits; (2) Ripeness; (3) Judicial Minimalism; (4) the Last Resort Rule; (5) Standing and Mootness; (6) Constitutional Estoppel; and (7) the Constitutional-Doubt Canon. Rules (1), (2), (5), and (6) inform whether a court can hear a case (i.e., whether