3. Controversy Requirement,

Question 1

What is ripeness and mootness?

Answer 1

Court will not hear cases that are not yet mature (ripe) or have faded (moot)

Question 2

What is the Constitutional Core of Standing?

Answer 2

Means that SCOTUS has created a division between constitutional and prudential components of its reasoning. Prudential components are those derived form rules that the court itself has made, as opposed to derived form the Constitution

Question 3

Can Congress change a prudential rule of standing?

Answer 3

Yes

Question 4

What are the 3 components of the Constitutional Core of Standing?

Answer 4

o 1. Injury in fact
 Concrete and particulerized - the plantiff must have suffered it
 Injurues can be economic, aesthetic, enviromental
o 2. Causation
 The injury must be fairly tracable to the defendant/defendant’s conduct
 If there is a lawsuit againt X, but X didn’t cause the injury, then there is no stnading
o 3. Redressibility
 The injury must be capable of some redress
 If a Fed court were to entertain a lawsuit and render a descision that would make no difference to the parties, then it is an advisory opinion, which is forbidden – something must be done that makes a difference to the parties

Question 5

Do taxpayers have standing? What case determined this?

Answer 5

No. Valley forge case

Question 6

What is the political question Doctrine about?

Answer 6

To determine if the issue presented is something the Court, and not another branch of government should decide

Question 7

What are some categories of issues that would give rise to a political question?

Answer 7

. Textually demonstrable constitutional commitment to a coordinate branch of government
 2. Lack of Judicially discoverable and manageable standards to resolve the issue (Judges just cant figure it out)
 3. The impossibility to decide who makes policy (are we going tobe relied upon to make a policy decision)
 4. Would it be impossible to decide without showing disrespect to a coordinate Branch?
 5. Is there an unusual need to adhere to a policy determination that has already been made?
 6. Potential for embarrassment by conflicting pronouncements (if the President says one thing and we say another would it be embarrassing)