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Constitutional Law

Article III Standing

Article III Standing

Learn about how the Supreme Court has construed the case-or-controversy requirement of Article III to limit the types of disputes that the federal courts may hear


The power of unelected federal judges to strike down statutes enacted by elected representatives is known as the countermajoritarian difficulty. One important check on that power is Congress’s countervailing power to limit courts’ jurisdiction. But perhaps the most important constraint on the courts comes from a series of justiciability doctrines, which serve to crystallize exactly which kinds of disputes federal courts are allowed to hear.

With the exception of the political-question...