Con Law Question

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SKlei
Posts: 53
Joined: Mon Dec 05, 2011 1:01 pm

Con Law Question

Postby SKlei » Sun May 05, 2013 8:35 pm

I have a few questions regarding somethings I am getting confused over...

1. Is the non-delegation doctrine unconstitutional?

2. What exactly is a generalized grievance?

3. Are there only certain circumstances where there is tax payer standing?

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dietcoke0
Posts: 601
Joined: Wed Jul 27, 2011 2:46 pm

Re: Con Law Question

Postby dietcoke0 » Sun May 05, 2013 10:43 pm

SKlei wrote:I have a few questions regarding somethings I am getting confused over...

1. Is the non-delegation doctrine unconstitutional?

2. What exactly is a generalized grievance?

3. Are there only certain circumstances where there is tax payer standing?


Wow, going to need help on your exam if these are questions you have. Hope you aren't on a take-home right now.

1. Why would it be unconstitutional? Are you asking if delegation is unconstitutional. The answer to that is maybe (situational)

2. A GG is me bringing a claim as a tax-payer, with no other reason to bring a claim (so if I object to the war, I can't bring a claim, or if I think the Government is wrong somewhere) the theory is, there will almost always be a better plaintiff (such as the state, or an AG)

3. Yes, if the political process is at a place where the individual has no other options. This is rare (and can't think of a real example off the top of my head) The court may infer standing if the political process if there would/could be no other plaintiffs that would reasonably bring a claim forward.




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