Monday, January 14, 2013

"A Polemic Against the Standing Requirement in Constitutional Cases"

A draft of my new article A Polemic Against the Standing Requirement in Constitutional Cases is available on SSRN for free download here.

This is the abstract:

This article argues that, in constitutional cases, the standing requirement should be flatly abolished. The primary flaw with standing doctrine is that renders large swathes of the Constitution functionally worthless, contrary to the clear intention of the text and the structure of the document itself, as well as the intentions of those who drafted and ratified it. Further, standing doctrine lacks textual support, historical support, a role in maintaining the separation of powers, or any other practical necessity to warrant its retention. 

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