the judicial power of the united states shall be vested in one supreme court
Article Three of the United States Constitution
Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only . Their judicial power does not extend to cases which are hypothetical , or which are proscribed due to standing , mootness , or ripeness issues . Generally , a case or controversy requires the presence of adverse parties who have a genuine interest at stake in the case . In Muskrat v. United States , 219 U.S. 346 ( 1911 ) , the Supreme Court denied jurisdiction to cases brought under a statute permitting certain Native Americans to bring suit against the United States to determine the constitutionality of a law allocating tribal lands . Counsel for both sides were to be paid from the federal Treasury . The Supreme Court held that , though the United States was a defendant , the case in question was not an actual controversy ; rather , the statute was merely devised to test the constitutionality of a certain type of legislation . Thus the Court 's ruling would be nothing more than an advisory opinion ; therefore , the court dismissed the suit for failing to present a `` case or controversy . ''
Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only . Their judicial power does not extend to cases which are hypothetical , or which are proscribed due to standing , mootness , or ripeness issues . Generally , a case or controversy requires the presence of adverse parties who have a genuine interest at stake in the case . In Muskrat v. United States , 219 U.S. 346 ( 1911 ) , the Supreme Court denied jurisdiction to cases brought under a statute permitting certain Native Americans to bring suit against the United States to determine the constitutionality of a law allocating tribal lands . Counsel for both sides were to be paid from the federal Treasury . The Supreme Court held that , though the United States was a defendant , the case in question was not an actual controversy ; rather , the statute was merely devised to test the constitutionality of a certain type of legislation . Thus the Court 's ruling would be nothing more than an advisory opinion ; therefore , the court dismissed the suit for failing to present a `` case or controversy . ''