e insistence of the Court upon the rule that "the requirements for a
justiciable case or controversy are no less strict in a declaratory
judgment proceeding than in any other type of suit,"[245] and the fact
that many actions for a declaration of rights have involved the validity
of legislation, where the Court is even more insistent upon the
essentials of a case, have done much to limit the use of the declaratory
judgment. There are, nevertheless, a number of cases, some of which
involved constitutional issues, in which a declaratory judgment has been
rendered. Among these are Currin _v._ Wallace,[246] where tobacco
warehousemen and auctioneers contested the validity of the Tobacco
Inspection Act under which the Secretary of Agriculture had already
designated a tobacco market for inspection and grading; Perkins _v._
Elg,[247] where a natural-born citizen of naturalized parents who left
the country during her minority sought to establish her status as a
citizen; Maryland Casualty Co. _v._ Pacific Coal and Oil Co.,[248] where
a liability insurer sought to establish his lack of liability in an
automobile collision case; and Aetna Life Insurance Co. _v._
Haworth,[249] where a declaration was sought under the disability
benefit clauses of an insurance policy. As stated by Justice Douglas for
the Court in the Maryland Casualty case: "The difference between an
abstract question and a 'controversy' contemplated by the Declaratory
Judgment Act is necessarily one of degree, and it would be difficult, if
it would be possible, to fashion a precise test for determining in every
case whether there is such a controversy. Basically, the question in
each case is whether the facts alleged, under all the circumstances,
show that there is a substantial controversy, between parties having
adverse legal interests, of sufficient immediacy and reality to warrant
the issuance of a declaratory judgment."[250] It remains, therefore, for
the courts to determine in each case the degree of controversy necessary
to establish a case for purposes of jurisdiction. Even, then, however,
the Court is under no compulsion to exercise its jurisdiction.[251]

Cases Arising Under the Constitution, Laws and Treaties of the United
States

DEFINITION

Cases arising under the Constitution are cases which require an
interpretation of the Constitution for their correct decision.[252] They
arise when a litigant claims an actual or threatened invasion of his
co