Con Law - MBE Rules from Missed Questions Flashcards
Article III, Section I of the Constitution says what?
The SOURCE of the power of the Judiciary
“Article III, Section 1 of the United States Constitution provides that “[t]he judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.”
Federal courts are generally created by the United States Congress under the constitutional power described in Article III.
Does a Taxpayer have standing to sue?
Generally, a taxpayer DOES NOT have standing to sue just because a taxpayer believes that the government improperly spend taxpayer money. However, this is subject to a very narrow exception only if the alleged improper spending violated the establishment clause
What is the EXCEPTION to the ESTABLISHMENT CLAUSE VIOLATION challenge to taxpayer suit?
This exception does not apply
(1) to the transfer of property to a religious organization by Congress under the Property Power, Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464 (1982),
(2) nor to expenditures made by the President to religious organizations from monies appropriated by Congress to the President’s general discretionary fund, Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007),
(3) nor to a tax credit for contributions to student tuition organizations that provide scholarships to students attending private schools, including religious schools. Ariz. Christian Sch. Tuition Org. v. Winn, 563 U.S. 125 (2011).
