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Advisory OpinionAn advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, by merely advises on the constitutionality or potential interpretion of a law. The United States Supreme Court has determined that the case or controversy requirement found in Article III of the U.S. Constitution prohibits United States federal courts from issuing advisory opinions. In a letter to President George Washington, replying to the president's request for such an opinion, then-Chief Justice John Jay replied that it would violate the separation of powers for the Supreme Court to provide such an opinion, noting that the president could rely on advice from anyone within the Executive branch. Over a century later, in the case of Muskrat v. United States, 219 U.S. 346 (1911)), the Court dismissed a case because there was no actual controversy between the parties, which would make the opinion rendered advisory. Many state court are similarly limited from issuing advisory opinions, although there are often specific exceptions to these limitations. Some states permit the governor to certify questions on the constitutionality of laws to the state supreme court. Also, some states require their supreme court to give advisory opinions as to whether proposed amendments to the state constitution violate the U.S. Constitution.
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