Presidents -- United States -- Messages; United States -- Politics and government -- Sources
It does not seem that the authority to give advisory opinions interferes
with the independence of the court. Advisory opinions in and of themselves
are not harmful, but may be used in such a way as to be very beneficial
because they undertake to prevent injury rather than merely afford a remedy
after the injury has been done. As a principle that only implies that the
court shall function when proper application is made to it. Deciding the
question involved upon issues submitted for an advisory opinion does not
differ materially from deciding the question involved upon issues submitted
by contending parties. Up to the present time the court has given an
advisory opinion when it judged it had jurisdiction, and refused to give
one when it judged it did not have jurisdiction. Nothing in the work of the
court has yet been an indication that this is an impairment of its
independence or that its practice differs materially from the giving of
like opinions under the authority of the constitutions of several of our
States.
No provision of the statute seems to me to give this court any authority to
be a political rather than a judicial court. We have brought cases in this
country before our courts which, when they have been adjudged to be
political, have been thereby dismissed. It is not improbable that political
questions will be submitted to this court, but again up to the present time
the court has refused to pass on political questions and our support would
undoubtedly have a tendency to strengthen it in that refusal.
We are not proposing to subject ourselves to any compulsory jurisdiction.
If we support the court, we can never be obliged to submit any case which
involves our interests for its decision. Our appearance before it would
always be voluntary, for the purpose of presenting a case which we had
agreed might be presented. There is no more danger that others might bring
cases before the court involving our interests which we did not wish to
have brought, after we have adhered, and probably not so much, than there
would be of bringing such cases if we do not adhere. I think that we would
have the same legal or moral right to disregard such a finding in the one
case that we would in the other.
Public-domain text, read in full here on John Shaqi.
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