Disciples of the positivist school would argue that when Congress has not acted on a matter, the Supreme Court has no power to act on that matter.

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The positivist school of jurisprudence holds that law is created only by the legislature and that judges have no power to create law. Therefore, if Congress has not acted on a matter, the Supreme Court has no power to act on that matter.

Disciples of the Positivist School Would Argue That When Congress