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A doctrine developed by the federal courts and used as a means to avoid deciding some case, such as those involving conflicts between the president and Congress.

User ChristianB
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Final answer:

The student is inquiring about a legal doctrine used by federal courts, such as executive privilege or stare decisis, to manage conflicts between the President and Congress and to create legal precedents.

Step-by-step explanation:

The student is asking about a doctrine developed by the federal courts to avoid deciding certain cases, particularly those involving conflicts between the President and Congress. This doctrine is not explicitly enumerated in the Constitution but is a legal concept that has been developed to manage such conflicts.

A classic example of the courts using this doctrine is the principle of executive privilege, first asserted by George Washington, which is a defense used by White House officials to protect the confidentiality of the executive branch's communications. Additionally, the concept of stare decisis, which means 'stand by the decision' in Latin, is a principle where courts rely on past decisions when making new rulings, thereby establishing legal precedents as guidelines for future cases.

The courts have the jurisdiction to hear cases involving federal questions related to the Constitution, federal laws, or treaties, and when the U.S. government is a party to the case. The supremacy clause of Article VI and the doctrine of implied powers indicate the breadth of federal authority, and decisions such as those related to the power to tax further establish the federal government's supremacy over the states.

The description of judicial power under Section 2 Clause 1 of the Constitution grants federal courts the authority to decide on a vast array of issues, further clarified by the Federal Judiciary Act of 1789.

User Michael Baker
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