Document Type

Article

Publication Title

Chapman Law Review

Abstract

The stated purpose of this Conference is to examine the proper scope of the spending power: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, and to pay the Debts and to provide for the common Defence and general Welfare of the United States.” My assignment is to track the relationship, if any, between the expansion of the spending power and the articulation of the standing doctrine as a principle of American Constitutional law. The connection, between the two, displays at least historical intimacy. The rise of modern standing doctrine in American Constitutional Law can be traced with some precision to Justice Sutherland’s opinion for a unanimous Supreme Court in Massachusetts v. Mellon, and its companion case of Frothingham v. Mellon.

First Page

1

Volume

4

Publication Date

2001

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