Cite as: 505 U. S. 788 (1992)
Opinion of Scalia, J.
tion can be reviewed, not by suing Members of Congress for the performance of their legislative duties, see, e. g., Powell v. McCormack, 395 U. S. 486, 503-506 (1969); Dombrowski v. Eastland, 387 U. S. 82 (1967); Kilbourn v. Thompson, 103 U. S. 168 (1881), but by enjoining those congressional (or executive) agents who carry out Congress's directive. Unless the other branches are to be entirely subordinated to the Judiciary, we cannot direct the President to take a specified executive act or the Congress to perform particular legislative duties.
In sum, we cannot remedy appellees' asserted injury without ordering declaratory or injunctive relief against appellant President Bush, and since we have no power to do that, I believe appellees' constitutional claims should be dismissed.4 Since I agree with the Court's conclusion that appellees' constitutional claims do not provide an alternative ground that would support the judgment below, I concur in its judgment reversing the District Court.
4 A contrary conclusion is not required by the fact that in Department of Commerce v. Montana, 503 U. S. 442 (1992), we reached the merits of a challenge to the President's use of the method of equal proportions in calculating the reapportionment. " '[W]hen questions of jurisdiction have been passed on in prior decisions sub silentio, this Court has never considered itself bound when a subsequent case finally brings the jurisdictional issue before us.' " Pennhurst State School and Hospital v. Halderman, 465 U. S. 89, 119 (1984) (quoting Hagans v. Lavine, 415 U. S. 528, 533, n. 5 (1974)).
829
Page: Index Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42Last modified: October 4, 2007