ent of the United States
from enforcing an act of Congress alleged to be unconstitutional. The
Supreme Court, without determining the constitutionality of the act,
declined to interfere with the exercise of the President's political
discretion.[3] In the famous Dred Scott case[4] the effort of the
Supreme Court to settle a political question accomplished nothing save
to impair the influence and prestige of the Court.

[Footnote 1: _Luther v. Borden_, 7 Howard, 1.]

[Footnote 2: _Pacific Telephone Co. v. Oregon_, 223 U.S., 118.]

[Footnote 3: _State of Mississippi v. Andrew Johnson_, 4 Wall., 475.]

[Footnote 4: _Dred Scott v. Sandford_, 19 Howard, 393.]

The power of the Court to declare legislative acts unconstitutional is
subject to another important limitation. The judicial power is limited
by the Constitution to actual cases and controversies between opposing
parties. The Court cannot decide moot questions or act as an adviser for
other departments of the government. A striking illustration is found in
the so-called Muskrat case.[1] Congress having legislated concerning the
distribution of property of the Cherokee Indians, and doubts having
arisen as to the constitutional validity of the legislation, Congress
passed another act empowering one David Muskrat and other Cherokee
citizens to file suit, naming the United States as defendant, to settle
the question. The Supreme Court declined to take jurisdiction and
dismissed the suit, holding that it was not a case or controversy
between opposing parties within the meaning of the Constitution.

[Footnote 1: _Muskrat v. United States_, 219 U.S., 346.]

Still another limitation is encountered in cases involving abuse of
legislative power rather than lack of power. If Congress passes an act
within one of the powers expressly conferred upon it by the
Constitution, for example the power to lay taxes or the power to
regulate interstate commerce, the Supreme Court cannot interfere though
the incidental effect and ulterior purpose of the legislation may be to
intrude upon the field of state power. We shall have occasion to refer
to this limitation more than once in later chapters.

An impression is abroad that the Supreme Court has plenary power to
preserve the Constitution. Hence the tendency of groups to demand, and
of legislators to enact, any kind of a law without regard to its
constitutional aspect, leaving that to be taken care of by the Court.

Any such impressio