Constitutional Law I
Generalized Injury
There are two types of generalized injury, taxpayer standing and citizen standing.
Taxpayer Standing
Taxpayer standing is based on pocketbook injuries caused by the government misusing money paid by taxpayers. Taxpayer standing is generally not sufficient alone for prudential reasons, but it constitutionally sufficient if it meets the three requirements of a case in controversy.
Taxpayer Standing Table
Case | Violation | Government Power | Type of Aid | Standing? |
---|---|---|---|---|
Frothingham | Violated enumerated powers | Spending | Money for welfare | No |
Flast | Establishment clause | Spending | Money for religious schools | Yes |
Valley Forge | Establishment clause | Article IV disposal | Property for Christian college | No |
Hein | Establishment clause | Spending | Money for President for faith groups | No |
Arizona Christian School Organization | Establishment clause | Police powers | Tax credits | No |
Medicare (Hypothetical) | Violated enumerated powers | Commerce & spending | Money for retirees | No? |
Citizen Standing
Citizen standing is based on psychic injuries caused by the government not following the law. Citizen standing is not constitutionally valid because psychic injuries do not qualify as injuries, so Congress cannot create them.