Here is an excerpt from a text by Profs. May & Ides:
"While the case or controversy requirement establishes the constitutional minimum for the exercise of Article III authority, the mere satisfaction of that constitutional minimum is not always sufficient to establish justiciability. Prudential considerations sometimes operate to divest an otherwise constitutional case of its justiciable character. These prudential considerations are premised on a combination of concerns derived from principles of separation of powers, federalism, and sound judicial administration. At the heart of 'prudence,' is the Court's perception of the federal judiciary's proper function within the structure of government, and the Court's desire to avoid unnecessary clashes with other government institutions. These are essentially the same principles that inform the Court's interpretation of the case or controversy requirement. The prudential overlay, however, however, allows the Court to expand the application of those principles somewhat beyond the established minimum requirements of constitutional justiciability."
Think of prudential standing rules as rules that are derived from matters of constitutional policy, as opposed to strict constitutional limitations on judicial power.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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