Venue: |
SCOTUS
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Facts: |
Some taxpayers challenge aid to religious schools under the
Elementary and Secondary Education Act of 1965. |
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Posture: |
Dismessed by the lower court, citing Frothingham |
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Issue: |
When standing is an issue in a case, can the person whose standing
is challenged request adjudication of an issue, and whether
the issue itself is justiciable? |
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Holding: |
Yes, there is no absolute bar to such a suit. |
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Rule: |
The taxpayer needs to establish a logical link between that status
and the legislative enactment being attacked, and a nexus
between that status and the constitutional infringement
alleged. The taxpayer must show that the challeneged
enactment exceeds specific constitutional limitations upon
the exercise of the congressional taxing and spending
power. |
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Reasoning: |
In Frothingham there was no specific limitation that was
alleged to have been exceeded. Here, there's a 1A issue, and
the Establishment Clause (Art I § 8) doesn't empower
congress to override constitutional provisions. |
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Dicta: |
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