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Does history defeat standing doctrine?
From:
Michigan Law Review
| Date:
February 1, 2004| Author:
| COPYRIGHT 2004 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
|
According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. (1) When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government.
Although the Court claims historical support for these ...
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