Constitutional Law

Question 1

Standing

Answer 1

Plaintiff must show:

(i) concrete stake in the outcome of the controversy
(ii) an injury in fact caused by the government (causation)
(iii) a ruling in the plaintiff’s favor would remedy the harm (redressability)

Question 2

Taxpayer - standing

Answer 2

Taxpayer standing is enough where the federal government acts under the taxing and spending power and the action allegedly violates the Establishment Clause.

Question 3

Interstate Commerce

Answer 3

• regulating interstate commerce is a federal power BUT states may regulate subject to the dormant
commerce clause
• states are prohibited from discriminating against out-of-state business or unduly burdening interstate
commerce and Congress has not preempted the field of regulations
• if the regulation does discriminate, it is valid if it is necessary to an important, non-economic government interest
• market-participant is an exception to the Dormant Commerce Clause