Constitutional Law I

Standing

Standing issues generally comprise:

  • Case and controversy
    • Personal, actual, or imminent injury in fact
    • Caused by or fairly traceable to the defendant's action complained of
    • Redressable by the courts
  • Combination of prudential and constitutional concerns
  • Constitutional requirements
    • Injury
    • Causation
    • Redressability
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.