Where in Art. III of US constitution said that the federal courts cannot issue advisory opinions?

Question

The authority is the Hayburn's Case, 2 U.S. (2 Dall.) 409 (1792. In a recent opinion by justice Scalia in Plaut v. Spindrift Inc, 514 U.S. 211 (1995), the court also made the reference to the issue. In my opinion, the advisory opinions is considered as a one of five justiciable doctrines by which the supreme court interpreted the Article III, and decided that the advisory opinions are one among the cases that the federal courts lacks judicial power.

Answer 1

no where, although it is roughly based on the Cases & Controversies language, as well as Separations of Powers (which, of course, is itself only implied from the structure of the Constitution and not explicitly spelled out).

it was actually one of the earliest "opinions" by the U.S. Supreme Court, and ironically the closest to an advisory opinion that the court has ever gotten.

the then-sitting president (I believe it was Jefferson) wrote a letter to the Supreme Court, asking about the legality of several potential uses of force in response to British hostilities.

In response, the Supreme Court declined to give the President any advice, saying that it would not give advisory opinions: there was no current case or controversy between two actual litigants directly before the court, and it would turn the Supreme Court into a department of another branch of government to have the Supreme Court answering policy questions cloaked as legal questions.

i'm pretty sure that is right, although you'd probably want to research the series of letters a little further to be sure. my legal history knowledge is a little rusty.

Answer 2

I just reread Article III. Its not in there. I looked at the Supreme Court website and found not reference to the opinion JoeSchmoe06 mentioned. I don't doubt there was one, I just didn't find it.