did not reenact the requirements of the act of 1911 and that it was
therefore unnecessary to determine whether the questions raised were
justiciable.
[222] 285 U.S. 355 (1932). Here the Court held that the act of the
Minnesota legislature redistricting the State required the governor's
signature, and that representatives should be chosen at large until a
redistricting was passed.
[223] 328 U.S. 549, 565-566.
[224] Ibid. 566 ff.
[225] 335 U.S. 281 (1948).
[226] 335 U.S. 160 (1948).
[227] 339 U.S. 276 (1950).
[228] Charles Warren, The Supreme Court in United States History, I,
(Boston, 1922), 110-111. For the full correspondence _see_ 3
Correspondence and Public Papers of John Jay (1890-1893), (edited by
Henry Phelps Johnston), 486. According to E.F. Albertsworth, Advisory
Functions in Federal Supreme Court, 23 Georgetown L.J., 643, 644-647
(May 1935), the Court rendered an advisory opinion to President Monroe
in response to a request for legal advice on the power of the Government
to appropriate federal funds for public improvements by responding that
Congress might do so under the war and postal powers. The inhibitions of
the Court against advisory opinions do not prevent the individual
Justices from giving advice or aiding the political departments in their
private capacities. Ever since Chief Justice Jay went on a mission to
England to negotiate a treaty the members of the Court have performed
various nonjudicial functions. John Marshall served simultaneously as
Secretary of State and Chief Justice, and later Justice Robert Jackson
served as war crimes prosecutor.
[229] For example, Muskrat _v._ United States, 219 U.S. 346, 354 (1911);
Chicago & Southern Airlines _v._ Waterman Steamship Corp., 333 U.S. 103,
113 (1948); United Public Workers of America _v._ Mitchell, 330 U.S. 75,
89 (1947).
[230] Chicago & Southern Airlines _v._ Waterman Steamship Corp., 333
U.S. 103, 113-114 (1948), citing Hayburn's Case, 2 Dall. 409 (1792);
United States _v._ Ferreira, 13 How. 40 (1852); Gordon _v._ United
States, 117 U.S. 697 (1864); In re Sanborn, 148 U.S. 222 (1893);
Interstate Commerce Commission _v._ Brimson, 154 U.S. 447 (1894); La
Abra Silver Mining Co. _v._ United States, 175 U.S. 423 (1899); Muskrat
_v._ United States, 219 U.S. 346 (1911); United States _v._ Jefferson
Electric Co., 291 U.S. 386 (1934).
[231] Muskrat _v._ United States, 219 U.S. 346 (1911).
[232] United States _v._ Ferreira, 13 How.
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