r a mere declaration in the
air."[179] Texas _v._ Interstate Commerce Commission,[180] presents a
good illustration of an abstract question. Here, Texas attempted to
enjoin the enforcement of the Transportation Act of 1920 on the ground
that it invaded the reserved rights of the State. The Court dismissed
the complaint as presenting no case or controversy, declaring: "It is
only where rights, in themselves appropriate subjects of judicial
cognizance, are being, or about to be, affected prejudicially by the
application or enforcement of a statute that its validity may be called
in question by a suitor and determined by an exertion of the judicial
power."[181] Again in Ashwander _v._ Tennessee Valley Authority,[182]
the Court refused to decide any issue save that of the validity of the
contracts between the Authority and the Company because, "The
pronouncements, policies and program of the Tennessee Valley Authority
and its directors, their motives and desires, did not give rise to a
justiciable controversy save as they had fruition in action of a
definite and concrete character constituting an actual or threatened
interference with the rights of the persons complaining." Chief Justice
Hughes cited New York _v._ Illinois,[183] where the Court dismissed a
suit as presenting abstract questions "as to the possible effect of the
diversion of water from Lake Michigan upon hypothetical water power
developments in the indefinite future."[184] He also cited among other
cases Arizona _v._ California,[185] where it was held that claims based
merely upon assumed potential invasions of rights were not enough to
warrant judicial intervention.

The concepts of real interests and abstract questions again appear
prominently in United Public Workers of America _v._ Mitchell.[186] Here
a number of government employees sued to enjoin the Civil Service
Commission from enforcing the prohibitions of the Hatch Act against
activity in political management or campaigns, and to obtain a
declaratory judgment that the act was invalid. Except for one of the
employees none had violated the act, but they did state that they
desired to engage in the forbidden political activities. The Court held
that as to all the parties save the one who had violated the act there
was no justiciable controversy. "Concrete legal issues, presented in
actual cases, not abstractions" were declared to be requisite. The
generality of their objection was regarded as really an