Flast V. Cohen - Majority Opinion (Chief Justice Earl Warren)

Majority Opinion (Chief Justice Earl Warren)

Frothingham v. Mellon did not recognize a constitutional barrier against federal taxpayer lawsuits. Rather, it denied standing because the petitioner did not allege "a breach by Congress of the specific constitutional limitations imposed upon an exercise of the taxing and spending power." Because the purpose of standing is to avoid burdening the court with situations in which there is no real controversy, standing is used to ensure that the parties in the suit are properly adversarial, "not whether the issue itself is justiciable."

In Flast, Warren established a "double nexus" test which a taxpayer must satisfy in order to have standing. First, he must "establish a logical link between status and the type of legislative enactment attacked." Second, "the taxpayer must show the challenged enactment is generally beyond the powers delegated to Congress by Article I, Section 8." Only when both nexuses have been satisfied may the petitioner have standing to sue.

Read more about this topic:  Flast V. Cohen

Famous quotes containing the words majority, opinion, justice and/or earl:

    The majority is never right. Never, I tell you! That’s one of these lies in society that no free and intelligent man can help rebelling against. Who are the people that make up the biggest proportion of the population—the intelligent ones or the fools? I think we can agree it’s the fools, no matter where you go in this world, it’s the fools that form the overwhelming majority.
    Henrik Ibsen (1828–1906)

    The whole land seems aroused to discussion on the province of woman, and I am glad of it. We are willing to bear the brunt of the storm, if we can only be the means of making a break in that wall of public opinion which lies right in the way of woman’s rights, true dignity, honor and usefulness.
    Angelina Grimké (1805–1879)

    Justice to my readers compels me to admit that I write because I have nothing to do; justice to myself induces me to add that I will cease to write the moment I have nothing to say.
    —C.C. (Charles Caleb)

    The law before us, my lords, seems to be the effect of that practice of which it is intended likewise to be the cause, and to be dictated by the liquor of which it so effectually promotes the use; for surely it never before was conceived by any man entrusted with the administration of public affairs, to raise taxes by the destruction of the people.
    Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)