Stevens dissented on the ground that subjective intent is not a valid criterion for constitutional adjudication.

"Courts are commanded to avoid making unnecessary constitutional adjudications," he said.

They promise a sequel that will set out "the implications of a pragmatist approach to constitutional adjudication."

Indeed, he added, the goal of most constitutional adjudication is to "resist the demand for winner-take-all" that has occurred under the majority opinion.

Perhaps it tells us nothing about the role partisan affiliation plays in constitutional adjudication.

One policy underlying the prohibition is the desire to avoid unnecessary constitutional adjudication.

Justice Scalia said that when the historical record is ambiguous, "constitutional adjudication necessarily involves not just history, but judgment."

Second, the central issue of constitutional adjudication is the reconciliation of liberty with equality - not with authority.

Another justification for the avoidance doctrine is the "paramount importance of constitutional adjudication in our system."

Such constitutional adjudication plainly can be avoided if a definitive ruling on the state issue would terminate the controversy.