United States
|
Civil Procedure Doctrines |
|---|
| Justiciability |
| Advisory opinions |
| Standing · Ripeness · Mootness |
| Political questions |
| Jurisdiction |
| Subject-matter jurisdiction |
|
|
| Amount in controversy |
|
| Pendent jurisdiction |
| Ancillary jurisdiction |
|
|
| Personal jurisdiction |
| In personam |
| In rem jurisdiction |
| Quasi in rem jurisdiction |
| Federalism |
| Erie doctrine · Abstention |
| Sovereign immunity · Abrogation |
| Rooker-Feldman doctrine |
| Adequate and independent state ground |
| edit this template |
In United States law, the Supreme Court of the United States has stated, "In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues."
There are a number of requirements that a plaintiff must establish to have standing before a federal court. Some are based on the case or controversy requirement of the judicial power of Article Three of the United States Constitution, § 2, cl.1. As stated there, "The Judicial Power shall extend to all Cases . . . to Controversies . . ." The requirement that a plaintiff have standing to sue is a limit on the role of the judiciary and the law of Article III standing is built on the idea of separation of powers. Federal courts may exercise power only "in the last resort, and as a necessity".
The American doctrine of standing is assumed as having begun with the case of Frothingham v. Mellon, 262 U.S. 447 (1923). But, legal standing truly rests its first prudential origins in Fairchild v. Hughes, (1922) which was authored by Justice Brandeis. In Fairchild, a citizen sued the Secretary of State and the Attorney General to challenge the procedures by which the Nineteenth Amendment was ratified. Prior to it the doctrine was that all persons had a right to pursue a private prosecution of a public right. Since then the doctrine has been embedded in judicial rules and some statutes.
In 2011, in Bond v. United States, the U.S. Supreme Court held a criminal defendant has standing to challenge the federal statute that he or she is charged with violating as being unconstitutional under the Tenth Amendment.
Read more about this topic: Standing (law)
Famous quotes related to united states:
“Some time ago a publisher told me that there are four kinds of books that seldom, if ever, lose money in the United States—first, murder stories; secondly, novels in which the heroine is forcibly overcome by the hero; thirdly, volumes on spiritualism, occultism and other such claptrap, and fourthly, books on Lincoln.”
—H.L. (Henry Lewis)
“Printer, philosopher, scientist, author and patriot, impeccable husband and citizen, why isn’t he an archetype? Pioneers, Oh Pioneers! Benjamin was one of the greatest pioneers of the United States. Yet we just can’t do with him. What’s wrong with him then? Or what’s wrong with us?”
—D.H. (David Herbert)
“The recognition of Russia on November 16, 1933, started forces which were to have considerable influence in the attempt to collectivize the United States.”
—Herbert Hoover (1874–1964)
“Yesterday, December 7, 1941Ma date that will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.”
—Franklin D. Roosevelt (1882–1945)
“... when we shall have our amendment to the Constitution of the United States, everyone will think it was always so, just exactly as many young people believe that all the privileges, all the freedom, all the enjoyments which woman now possesses were always hers. They have no idea of how every single inch of ground that she stands upon to-day has been gained by the hard work of some little handful of women of the past.”
—Susan B. Anthony (1820–1906)