On this date September 17, in 1787 delegates to the Constitutional Convention in Philadelphia signed the U.S. Constitution, a written charter for a new—and enduring—federal government. Article III created the judicial power of the United States
Article III CONSTITUTION OF THE UNITED STATES
http://www.law.cornell.edu/constitution/constitution.articleiii.html
Adjudication of the Rights
- Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--
Check Supreme Court Citations
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=135
Article III of the Constitution limits the "judicial power" of the United States to the resolution of "cases" and "controversies." The constitutional power of federal courts,…[is].. the necessity "to adjudge the legal rights of litigants in actual controversies." Valley Forge Christian College v. Americans United 454 U.S. 464, 471 (1982). >143 U.S. 339, 345 (1982)
No federal court, whether this Court or a district court, has "jurisdiction to pronounce any statute, either of a State or of the United States, void, ………..except as it is called upon to adjudge the legal rights of litigants in actual controversies." Golden v. Zwickler, 394 U.S. 103, 110 (1969) > United States v. Raines, 362 U.S. 17, 21 (1960) > 113 U.S. 33,39 (1885).
The jurisdiction of federal courts is defined and limited by Article III of the Constitution. ….the judicial power of federal courts is constitutionally restricted to "cases" and "controversies." Flast v. Cohen 392 U.S. 83, 94 (1968) > Aetna Life Ins. Co. v. Haworth, >300 U.S. 227 , 239, 240(1937); 2 Dall. 419, 431, 432; >Muskrat v. United States, 219 U.S. 346, 356 , 357 (1911)
[The] case and controversy limitation, …[is an ]…American institution of judicial review……for the preservation of individual rights. Rescue Army v. Municipal Court 331 U.S. 549 , 572 (1947). ''The province of the court is, solely, to decide on the rights of individuals, …...'' Marbury v. Madison, 5 U.S. 137, 170 (1803).
The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests…... It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, …….Where there is such a concrete case admitting of an immediate and definitive determination of the legal rights of the parties in an adversary proceeding upon the facts alleged, the judicial function may be appropriately exercised. Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 240-41 (1937)
until there is some invasion ……of private rights secured by the Constitution of the United States, the action of the states in this respect is beyond question in the courts of the nation. L’Hote v. City of New Orleans,177 U.S. 587, 596 (1900)