valley forge college americans argued november decided january pursuant authority property clause congress enacted federal property administrative services act provide economical efficient system disposal surplus federal government property statute property outlived usefulness government declared surplus may transferred private public entities act authorizes secretary health education welfare hew secretary education assume responsibility disposing surplus real property educational use may sell property nonprofit educational institutions consideration takes account benefit accrued may accrue transferee use property property formerly used military hospital declared surplus property act conveyed department hew petitioner college appraised value property discounted secretary hew computation public benefit allowance thus permitting petitioner acquire property without making financial payment respondents organization dedicated separation church state several employees brought suit federal district challenging conveyance ground violated establishment clause first amendment alleging member respondent organization deprived fair constitutional use tax dollars district dismissed complaint ground respondents lacked standing sue taxpayers flast cohen failed allege actual injury beyond generalized grievance common taxpayers appeals reversed holding although respondents lacked standing taxpayers challenge conveyance standing merely citizens claiming injury fact shared individuated right government shall make law respecting establishment religion standing sufficient satisfy case controversy requirement art iii held respondents standing either capacity taxpayers citizens challenge conveyance question pp exercise judicial power art iii restricted litigants show injury fact resulting action seek adjudicate pp respondents without standing sue taxpayers source complaint congressional action decision hew transfer parcel federal property conveyance question exercise congress authority conferred taxing spending clause property clause cf flast cohen supra pp respondents sufficiently alleged basis standing bring suit although claim constitution violated claim nothing else fail identify personal injury suffered consequence alleged constitutional error psychological consequence presumably produced observation conduct one disagrees injury sufficient confer standing art iii respondents firmly committed constitutional principle separation church state standing measured intensity litigant interest fervor advocacy pp enforcement establishment clause justify special exceptions standing requirements art iii place constitutional scheme philosophy business federal courts correcting constitutional errors cases controversies best merely convenient vehicles worst nuisances may dispensed become obstacles transcendent endeavor philosophy become palatable underlying merits concern establishment clause pp rehnquist delivered opinion burger white powell joined brennan filed dissenting opinion marshall blackmun joined post stevens filed dissenting opinion post clark hodgson argued cause filed brief petitioner solicitor general lee argued cause federal parties respondents rule support petitioner briefs former solicitor general mccree deputy solicitor general geller deputy solicitor general shapiro leonard schaitman bruce bagni lee boothby argued cause respondents brief robert nixon briefs amici curiae urging affirmance filed nathan dershowitz marc stern american jewish congress et al leo pfeffer national coalition public education religious liberty et al justice rehnquist delivered opinion article iv cl constitution vests congress power dispose make needful rules regulations respecting property belonging shortly termination hostilities second world war congress enacted federal property administrative services act stat amended et seq ed supp iii act designed part provide economical efficient system disposal surplus property stat furtherance policy federal agencies directed maintain adequate inventories property control identify excess property transfer agencies able use see stat property outlived usefulness federal government declared surplus may transferred private public entities see generally stat amended act authorizes secretary health education welfare secretary education assume responsibility disposing surplus real property school classroom educational use stat amended subject disapproval administrator general services secretary may sell lease property nonprofit educational institutions consideration takes account benefit accrued may accrue transferee use property stat regulation secretary provided computation public benefit allowance discounts transfer price property basis benefits use property educational purposes cfr property spawned litigation acquired department army part larger tract approximately acres land northwest philadelphia army built land valley forge general hospital years thereafter hospital provided medical care members armed forces april part plan reduce number military installations secretary defense proposed close hospital general services administration declared surplus property department health education welfare hew eventually assumed responsibility disposing portions property august conveyed tract petitioner valley forge christian college appraised value property time conveyance appraised value discounted however secretary computation public benefit allowance permitted petitioner acquire property without making financial payment deed hew conveyed land fee simple certain conditions subsequent required petitioner use property years solely educational purposes described petitioner application description petitioner stated intention conduct program education meeting accrediting standards state pennsylvania american association bible colleges division education general council assemblies god veterans administration petitioner nonprofit educational institution operating supervision religious order known assemblies god description petitioner purpose offer systematic training collegiate level men women christian service either ministers laymen app degree programs reflect orientation providing courses study train leaders church related ministries faculty members must baptized holy spirit living consistent christian lives members college administration must affiliated assemblies god application tract petitioner represented obtained property make additions offerings arts humanities strengthen psychology counselling courses provide services areas september respondents americans separation church state americans four employees learned conveyance news release two months later brought suit district district columbia later transferred eastern district pennsylvania challenge conveyance ground violated establishment clause first amendment see amended complaint americans described nonprofit organization composed members complaint asserted member deprived fair constitutional use tax dollar constitutional purposes violation rights first amendment constitution ibid respondents sought declaration conveyance null void order compelling petitioner transfer property back petitioner motion district granted summary judgment dismissed complaint app pet cert found respondents lacked standing sue taxpayers flast cohen failed allege suffered actual concrete injury beyond generalized grievance common taxpayers app pet cert respondents appealed appeals third circuit reversed judgment district divided vote americans dept hew members agreed respondents lacked standing taxpayers challenge conveyance flast cohen supra since case extended standing taxpayers qua taxpayers challenge congressional exercises power tax spend conferred art constitution conveyance authorized legislation enacted authority property clause art iv cl notwithstanding significant factual difference flast majority appeals found respondents standing merely citizens claiming injury fact shared individuated right government shall make law respecting establishment religion majority view citizen standing sufficient satisfy case controversy requirement art iii one judge perhaps sensing doctrinal difficulties majority extension standing wrote separately expressing view standing necessary satisfy need available plaintiff without establishment clause rendered virtually unenforceable judiciary dissenting judge expressed view respondents allegations constituted generalized grievance abstract satisfy injury fact component standing therefore concluded standing contest transfer barred decisions schlesinger reservists committee stop war richardson unusually broad novel view standing litigate substantive question federal courts adopted appeals granted certiorari reverse ii article iii constitution limits judicial power resolution cases controversies constitutional power federal courts defined indeed substances without reference necessity adjudge legal rights litigants actual controversies liverpool commissioners emigration requirements art iii satisfied merely party requests declare legal rights couched request forms relief historically associated courts law terms familiar ring trained legal process judicial power defined art iii unconditioned authority determine constitutionality legislative executive acts power declare rights individuals measure authority governments said years ago legitimate last resort necessity determination real earnest vital controversy chicago grand trunk wellman otherwise power judicial sense judicial power granted constitution courts ferreira incident elaboration bedrock requirement always required litigant standing challenge action sought adjudicated lawsuit term standing subsumes blend constitutional requirements prudential considerations see warth seldin always clear opinions whether particular features standing requirement required art iii ex proprio vigore whether requirements erected compelled language constitution see flast cohen supra recent line decisions however resolved ambiguity least following extent irreducible minimum art iii requires party invokes authority show personally suffered actual threatened injury result putatively illegal conduct defendant gladstone realtors village bellwood injury fairly traced challenged action likely redressed favorable decision simon eastern kentucky welfare rights manner art iii limit federal judicial power disputes confine federal courts role consistent system separated powers traditionally thought capable resolution judicial process flast cohen requirement actual injury redressable simon supra serves several implicit policies embodied article iii flast supra tends assure legal questions presented resolved rarified atmosphere debating society concrete factual context conducive realistic appreciation consequences judicial action standing requirement serves purposes assures actual factual setting litigant asserts claim injury fact may decide case confidence decision pave way lawsuits facts case actually decided art iii aspect standing also reflects due regard autonomy persons likely directly affected judicial order federal courts abjured appeals authority convert judicial process vehicle vindication value interests concerned bystanders scrap federal courts merely publicly funded forums ventilation public grievances refinement jurisprudential understanding concept standing quite unnecessary cases controversies language art iii forecloses conversion courts judicial version college debating forums said sierra club morton requirement party seeking review must allege facts showing adversely affected serve least rough attempt put decision whether review sought hands direct stake outcome exercise judicial power also affects relationships coequal arms national government effect course vivid federal declares unconstitutional act legislative executive branch exercise ultimate function chicago grand trunk wellman supra formidable means vindicating individual rights employed unwisely unnecessarily also ultimate threat continued effectiveness federal courts performing role propriety action federal recognized since marbury madison cranch recognized tool last resort part federal judiciary throughout nearly years existence epeated essentially confrontations branch representative branches government long run beneficial either public confidence essential former vitality critical latter may well erode exercise utilization power negative actions branches richardson powell concurring beyond constitutional requirements federal judiciary also adhered set prudential principles bear question standing thus held plaintiff generally must assert legal rights interests rest claim relief legal rights interests third parties warth seldin addition even plaintiff alleged redressable injury sufficient meet requirements art iii refrained adjudicating abstract questions wide public significance amount generalized grievances pervasively shared appropriately addressed representative branches finally required plaintiff complaint fall within zone interests protected regulated statute constitutional guarantee question association data processing service orgs camp merely articulate principles demonstrate close relationship policies reflected art iii requirement actual threatened injury amenable judicial remedy neither counsels prudence policies implicit case controversy requirement mistaken rigorous art iii requirements satisfaction former substitute demonstration distinct palpable injury likely redressed requested relief granted gladstone realtors village bellwood quoting warth seldin supra requirement limitation judicial power merely factor balanced weighing prudential considerations need mince words say concept art iii standing defined complete consistency various cases decided discussed say fact probably proof concept reduced definition one thing may sure possess art iii standing may litigate suitors courts article iii every bit important circumscription judicial power granting power merely troublesome hurdle overcome possible reach merits lawsuit party desires adjudicated part basic charter promulgated framers constitution philadelphia charter created general government provided interaction government governments several later amended either enhance limit authority respect individuals iii injury alleged respondents amended complaint depriv ation fair constitutional use tax dollar app result discussion must begin frothingham mellon decided massachusetts mellon action taxpayer brought suit challenging constitutionality maternity act provided federal funding purpose improving maternal infant health injury alleged consisted burden taxation support unconstitutional regime characterized deprivation property without due process looking forms words substance complaint concluded injury fact officials executive department government executing execute act congress asserted unconstitutional tangible effect challenged statute plaintiff tax burden remote fluctuating uncertain rejecting cognizable injury sufficient establish standing admonished party invokes power judicial review must able show statute invalid sustained immediately danger sustaining direct injury result enforcement merely suffers indefinite way common people generally parties plaintiff case held interests taxpayer moneys federal treasury indeterminable remote uncertain indirect furnish basis appeal preventive powers manner expenditure without disparaging availability remedy taxpayer action restrain unconstitutional acts result direct pecuniary injury reiterate said federal statute equally true state act assailed party invokes power must able show statute invalid sustained immediately danger sustaining direct injury result enforcement merely suffers indefinite way common people generally quoting frothingham mellon supra citations omitted visited problem taxpayer standing flast cohen taxpayer plaintiffs flast sought enjoin expenditure federal funds elementary secondary education act alleged used support religious schools violation establishment clause developed test determine whether plaintiffs standing sue first taxpayer alleges injury virtue liability taxes held taxpayer proper party allege unconstitutionality exercises congressional power taxing spending clause art constitution second required taxpayer show challenged enactment exceeds specific constitutional limitations upon exercise taxing spending power simply enactment generally beyond powers delegated congress art plaintiffs flast satisfied test heir constitutional challenge made exercise congress power art spend general welfare establishment clause plaintiffs complaint rested operates specific constitutional limitation upon exercise congress taxing spending power conferred art distinguished frothingham mellon supra ground frothingham relied specific limitation power tax spend general claim based due process clause thus reaffirmed case controversy aspect standing unsatisfied taxpayer seeks employ federal forum air generalized grievances conduct government allocation power federal system unlike plaintiffs flast respondents fail first prong test taxpayer standing claim deficient two respects first source complaint congressional action decision hew transfer parcel federal property flast limited taxpayer standing challenges directed exercises congressional power see schlesinger reservists committee stop war denying standing taxpayer plaintiffs challenge enactment art rather action executive branch second perhaps redundantly property transfer respondents complain exercise authority conferred taxing spending clause art authorizing legislation federal property administrative services act evident exercise congress power property clause art iv cl respondents dispute conclusion see brief respondents americans et al decisive claim taxpayer standing flast precedent doubt might existed concerning rigor flast exception frothingham principle applied erased recent decisions richardson schlesinger reservists committee stop war supra richardson question whether plaintiff standing federal taxpayer argue legislation permitted central intelligence agency withhold public detailed information expenditures violated accounts clause constitution rejected plaintiff claim standing challenge addressed taxing spending power statutes regulating cia mere recital claims demonstrate far fell short standing criteria flast neatly fell within frothingham holding left undisturbed claim schlesinger marred deficiency plaintiffs case argued incompatibility clause art prevented certain members congress holding commissions armed forces reserve summarily rejected assertion standing taxpayers challenge enactment art rather action executive branch permitting members congress maintain reserve status omitted respondents therefore plainly without standing sue taxpayers appeals apparently reached conclusion remains seen whether respondents alleged basis standing bring suit iv although appeals properly doubted respondents ability establish standing solely basis taxpayer status considered allegations taxpayer injury essentially assumed role plaintiffs reason expect perhaps care personal tax saving might result prevail crux interest stake plaintiffs argue found establishment clause supposed loss money matter primary identity therefore plaintiffs much taxpayers separationists ibid appeals surely correct recognizing art iii requirements standing satisfied abstract injury nonobservance constitution asserted citizens schlesinger reservists committee stop war repeatedly rejected claims standing predicated right possessed every citizen require government administered according law fairchild hughes baker carr see schlesinger reservists committee stop war supra laird tatum ex parte levitt claims amount little attempts employ federal forum air generalized grievances conduct government flast cohen finding respondents alleged something generalized interest citizens constitutional governance schlesinger supra appeals relied factual differences think amount legal distinctions decided respondents claim differed schlesinger richardson predicated respectively incompatibility accounts clauses least arguable establishment clause creates citizen personal constitutional right government establish religion omitted found unnecessary determine whether arguable proposition correct since judged mere allegation legal right sufficient confer standing reasoning process merely disguises think rather thin veil inconsistency results decisions schlesinger richardson plaintiffs cases plainly asserted personal right government act accordance views constitution indeed see barrier assertion claims respect constitutional provision assertion right particular kind government conduct government violated acting differently alone satisfy requirements art iii without draining requirements meaning schlesinger richardson distinguished ground incompatibility accounts clauses way less fundamental establishment clause establishes norm conduct federal government bound honor greater lesser extent inscribed constitution extent appeals relied view standing art iii burdens diminish importance claim merits increases reject notion requirement standing focuses party seeking get complaint federal issues wishes adjudicated flast cohen supra moreover know principled basis create hierarchy constitutional values complementary sliding scale standing might permit respondents invoke judicial power proposition constitutional provisions enforceable citizen simply citizens ultimate beneficiaries provisions boundaries schlesinger reservists committee stop war complaint case shares common deficiency schlesinger richardson although respondents claim constitution violated claim nothing else fail identify personal injury suffered consequence alleged constitutional error psychological consequence presumably produced observation conduct one disagrees injury sufficient confer standing art iii even though disagreement phrased constitutional terms evident respondents firmly committed constitutional principle separation church state standing measured intensity litigant interest fervor advocacy hat concrete adverseness sharpens presentation issues baker carr anticipated consequence proceedings commenced one injured fact permissible substitute showing injury reaching conclusion retreat earlier holdings standing may predicated noneconomic injury see scrap association data processing service orgs camp simply see respondents alleged injury kind economic otherwise sufficient confer standing respondents complain transfer property located chester county pa named plaintiffs reside maryland virginia organizational headquarters located washington learned transfer news release claim government violated establishment clause provide special license roam country search governmental wrongdoing reveal discoveries federal federal courts simply constituted ombudsmen general welfare appeals case ignored unambiguous limitations taxpayer citizen standing appears done conviction enforcement establishment clause demands special exceptions requirement plaintiff allege distinct palpable injury likely redressed requested relief granted gladstone realtors village bellwood quoting warth seldin derived precedential comfort flast cohen underlying justification according standing flast seems implicit recognition establishment clause create every citizen personal constitutional right citizen including taxpayers may contest clause constitutionality federal expenditures concurring opinion even direct view statutes alleged violate establishment clause may individual impact sufficient confer standing traditional sense satisfy need available plaintiff thereby assure basis judicial review respondents granted standing practical matter one better suited bring lawsuit thus vindicate freedoms embodied establishment clause implicit foregoing philosophy business federal courts correcting constitutional errors cases controversies best merely convenient vehicles worst nuisances may dispensed become obstacles transcendent endeavor philosophy place constitutional scheme become palatable underlying merits concern establishment clause respondents claim standing implicitly rests presumption violations establishment clause typically cause injury sufficient confer standing traditional view art iii assumption respondents standing sue one standing reason find standing schlesinger reservists committee stop war view convert standing requirement must observed satisfied moreover unwilling assume injured parties nonexistent simply joined respondents suit law averages substitute standing accept respondents claim standing case principled basis confining exception litigants relying establishment clause ultimately exception derives idea judicial power requires nothing invocation important issues able litigants existence injured parties might wish bring suit becomes irrelevant unwilling countenance departure limits judicial power contained art iii judgment appeals reversed ordered footnotes act defines surplus property excess property required needs discharge responsibilities federal agencies determined administrator general services stat see supp iii property awarded applicant program utilization provides opinion department education greatest public benefit cfr applicants must willing able assume immediate responsibility property must demonstrate financial capacity implement approved program educational use calculating public benefit allowance secretary considers factors applicant educational accreditation sponsorship public service training plans introduce new instructional programs commitment student health welfare research service handicapped cfr pt exh remaining property conveyed local school districts educational purposes set aside park recreational use time conveyance petitioner known northeast bible college appraiser placed value buildings fixtures situated tract buildings constructed use army hospital view expense necessary render useful purposes offset value endeavor congress shall make law respecting establishment religion see watt energy action educational foundation ante duke power carolina environmental study group arlington heights metropolitan housing dev warth seldin schlesinger reservists committee stop war richardson littleton linda richard see gladstone realtors village bellwood duke power carolina environmental study group supra singleton wulff see gladstone realtors village bellwood supra duke power carolina environmental study group see gladstone realtors village bellwood supra simon eastern kentucky welfare rights justice brennan dissent takes us task tend ing merely obfuscate rather inform understanding meaning rights law post constituted operate national classroom meaning rights benefit interested litigants criticism carry weight teaching art iii however constitutional adjudication available terms prescribed constitution among requirement plaintiff standing sue dissent asserts requirement overrides provision constitution post surely art iii power federal courts wax wane harmony litigant desire hospitable forum post article iii obligates federal act assured power called upon resolve actual case controversy may turn attention constitutional provisions presume provide forum adjudication rights see ashwander tva brandeis concurring respondent americans alleged injury organization distinct injury taxpayer members result claim standing different members seeks represent question whether members one suffering immediate threatened injury result challenged action sort make justiciable case members brought suit warth seldin see simon eastern kentucky welfare rights supra sierra club morton respondents challenge constitutionality federal property administrative services act rather particular executive branch action arguably authorized act act designed simplify procurement utilization disposal government property order achieve efficient businesslike system property management see among central purposes act maximum utilization property already owned government minimum purchasing new property supra congress recognized however time time certain property become surplus government particular property acquired military meet wartime contingencies congress provided means disposing property meet public priorities including education see supra supra although necessary decision note connection challenged property transfer respondents tax burden best speculative worst nonexistent although public funds expended establish valley forge general hospital land acquired facilities constructed years prior challenged transfer respondents challenge expenditure immediately perceive challenge might raised respondents dispute government conclusion property become useless federal purposes disposed productive manner fact respondents objection government receive adequate consideration transfer petitioner use property confer public benefit see brief respondents americans et al assuming arguendo proposition true assumption means clear basis believing transfer different purchaser added government receipts government argues ultimate purchaser likelihood another institution local school district rather purchaser cash brief federal respondents moreover year delay disposing property depleted treasury amounts necessary maintain facility lost value government even respondents brought claim within outer limits flast therefore still encountered serious difficulty establishing personally benefit tangible way intervention warth seldin art cl nd regular statement account receipts expenditures public money shall published time time art cl person holding office shall member either house continuance office justice brennan dissent premised revisionist reading precedents leads conclusion art iii requirement standing satisfied taxpayer contends federal government exceeded bounds law allocating largesse post concept taxpayer injury necessarily recognizes continuing stake taxpayer disposition treasury contributed taxes right funds put lawful uses post novel understanding dissent reads cases frothingham flast decisions merits taxpayers claims frothingham explained holding taxpayer ordinarily legal right challenge congressional expenditures post dissent divines flast holding taxpayer enforceable right challenge federal bestowal largesse religious purposes post right extends government whole regardless branch work particular instance post regardless whether challenged action exercise spending power post however appealing reconstruction precedent may bears little resemblance cases purports rest frothingham flast decisions plainly turned standing plainly rejected notion art iii requirement direct injury satisfied taxpayer contends federal government exceeded bounds law allocating largesse post moreover although dissent view may lead result satisfying many case evident substitution legal interest post standing enhances understanding meaning rights law post logically dissent must shoulder burden explaining taxpayers standing legal interest congressional expenditures except possible allege violation establishment clause yet attempt dissent interpretation standing adequately explain cases schlesinger richardson according dissent taxpayer plaintiffs cases lacked standing failed challenge exercise spending power complain distribution government largesse post yet standing taxpayer established continuing stake disposition treasury contributed taxes post seem follow assert right examine budget cia richardson see right argue members congress claim reserve pay government schlesinger see course claims rejected precisely art iii requires demonstration redressable injury satisfied claim tax moneys spent unlawfully schlesinger rejected argument standing recognized adverse parties sharply conflicted interests views supported able briefs arguments doubt sincerity respondents stated objectives depth commitment essence standing question motivation possession requisite interest threatened injured unconstitutional conduct doremus board education respondents rely statement association data processing service orgs camp person family may spiritual stake first amendment values sufficient give standing raise issues concerning establishment clause free exercise clause abington school district schempp respondents apparently construe language mean person asserting establishment clause violation possesses spiritual stake sufficient confer standing language bear weight first language read apart context accompanying reference abington school district schempp schempp invalidated laws required bible reading public schools plaintiffs children attended schools question parents noted goes without saying laws practices involved challenged persons standing complain parties school children parents directly affected laws practices complaints directed interests surely suffice give parties standing complain respondent americans claims certain unidentified members reside pennsylvania explain however fact establishes cognizable injury none existed respondent still obligated allege facts sufficient establish one members suffered threatened injury belief transfer violated constitution respondents also claim standing reference administrative procedure act authorizes judicial review instance person adversely affected aggrieved agency action within meaning relevant statute neither administrative procedure act congressional enactment lower threshold requirements standing art iii see gladstone realtors village bellwood warth seldin respondents allege act creates legal right invasion creates standing linda richard basis arguing existence alters rules standing otherwise applicable case majority believed thing prevented openly acknowledging position fact complaint flast alleged basis standing plaintiffs taxpayer status dissent pointed view simply accord facts see flast plaintiffs several amici strongly urged adopt view standing respondents argue case plainly chose even respondents correct arguing flast bound perceived limitation pleadings bound case find merit respondents vision standing recognize standing premised injury consisting solely alleged violation personal constitutional right government establish religion principled consistency dictate recognition respondents standing challenge execution every capital sentence basis personal right government impose cruel unusual punishment standing challenge every program basis personal right government deny equal protection laws choose two among many possible examples commands constitution justice brennan justice marshall justice blackmun join dissenting plaintiff standing jurisdictional matter art iii courts thus threshold question resolved turning attention substantive issues see linda richard consequence impulse decide difficult questions substantive law obliquely course opinions purporting nothing determine labels standing accounts phenomenon opinions one today tend merely obfuscate rather inform understanding meaning rights law serious practice disregards constitutional responsibility failing acknowledge protections afforded constitution uses standing slam courthouse door plaintiffs entitled full consideration claims merits opinion stark example unfortunate trend resolving cases threshold obscuring nature underlying rights interests stake waxes eloquent blend prudential constitutional considerations combine create misguided standing jurisprudence one word said establishment clause right plaintiff seeks enforce despite pat recitation standing decisions opinion utterly fails except sheerest form ipse dixit explain case unlike flast cohen controlled instead frothingham mellon much way settled doctrine understanding requirement art iii core irreducible minimum persons seeking judicial relief art iii personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends baker carr see duke power carolina environmental study group cases identified two essential components personal stake requirement plaintiff must suffered threatened distinct palpable injury warth seldin addition must causal connection plaintiff asserted injury defendant challenged action simon eastern kentucky welfare rights arlington heights metropolitan housing dev constitution requires art iii ascertain requirements met proceeding exercise authority behalf plaintiff whether form relief requested equitable monetary existence art iii injury often turns nature source claim asserted warth seldin supra neither palpable injury causation term unvarying meaning much way mutual understandings traditions necessarily guides definitional inquiry addition constitution legislation congress may impart new occasion unique meaning terms injury causation particular statutory constitutional contexts makes fundamental mistake determines plaintiff failed satisfy test indeed test standing without first determining whether constitution statute defines injury creates cause action redress injury precisely circumstance presented may course happen person believing injured obscure manner government action held legal right constitutional statutory provision upon relies permitted complain invasion another person rights quite another matter employ rhetoric standing deprive person whose interest clearly protected law opportunity prove rights violated precisely dissembling enterprise indulges today case controversy limitation art iii overrides provision constitution construe article deny standing class whose sake constitutional protection given jones quoting new york ex rel hatch reardon simply turns constitution head article iii designed provide hospitable forum persons enjoying rights constitution assert rights discern whether particular person afforded right action courts framers course employ modern vocabulary standing much clear drafters bill rights surely intended particular beneficiaries legacy enjoy rights legally enforceable courts law see west virginia bd education barnette observations mind turn problem taxpayer standing general case particular ii frothingham mellon involved challenge maternity act stat provided financial grants agreed cooperate programs designed reduce infant maternal mortality appellant contended congress enacting program exceeded authority art intruded authority reserved described frothingham claim follows plaintiff alleges taxpayer contention though clear seems effect appropriations complained increase burden future taxation thereby take property without due process law right taxpayer enjoin execution federal appropriation act ground invalid result taxation illegal purposes never passed upon relation taxpayer federal government different interest moneys treasury partly realized taxation partly sources shared millions others comparatively minute indeterminable effect upon future taxation payment funds remote fluctuating uncertain basis afforded appeal preventive powers equity administration statute likely produce additional taxation imposed upon vast number taxpayers extent whose several liability indefinite constantly changing essentially matter public individual concern party invokes judicial power must able show statute invalid sustained immediately danger sustaining direct injury result enforcement merely suffers indefinite way common people generally frothingham also stressed indirectness taxpayer injury matter art iii standing causal relationship sufficiently certain length causal chain irrelevant see warth seldin financial stake federal taxpayer outcome lawsuit challenging allegedly unlawful federal expenditure qualitatively different state municipal taxpayer attacking local expenditure importantly injury suffered taxpayer dependent extent tax payment concept taxpayer injury necessarily recognizes continuing stake taxpayer disposition treasury contributed taxes right funds put lawful uses frothingham nothing precedents indicate concept comfortably applied municipal taxpayers inconsistent framework rights remedies established federal constitution explanation limit federal taxpayer standing imposed frothingham must sought substantive realms justice harlan dissenting flast came close identifying consider unstated premise frothingham rule taxpayer complaint consist allegation public funds shortly expended purposes inconsistent constitution taxpayer ask return portion previous tax payments prevent collection existing tax debt demand adjudication propriety particular level taxation tax payments received general purposes upon proper receipt lost general revenues frothingham rule may seen founded solely prudential judgment precipitate unnecessary interference activities coequal branch government avoided alternatively frothingham may construed resting upon unarticulated constitutionally established barrier congress power tax power spend barrier makes analytically impossible mount assault former challenge latter sufficient present purposes say frothingham held federal taxpayer continuing legal interest affairs treasury analogous shareholder continuing interest conduct corporation whatever provenance general rule frothingham displays sound judgment courts must circumspect dealing taxing power order avoid unnecessary intrusion functions legislative executive branches congress purpose taxing ordinarily affect validity tax unless tax operates unconstitutionally see murdock pennsylvania taxpayer may object use funds frothingham argument use tax funds purposes unauthorized constitution amounted violation due process provide required legal interest due process clause fifth amendment protect taxpayers increases tax liability see flast cohen frothingham claim thus reduced assertion interest legislative prerogatives claim properly barred flast faced different sort constitutional claim found compelled retreat general assertion frothingham taxpayers interest disposition tax payments understand frothingham bar necessarily gave way face establishment clause claim must examine right asserted taxpayer making claim nine justices recognized establishment clause impose definite restriction power tax held everson board education establishment religion clause first amendment means least tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion determining whether law challenged everson one respecting establishment religion fail examine historic meaning constitutional language particularly respect imposition taxes justice rutledge pointed dissent provision constitution closely tied given content generating history religious clause first amendment refined product terse summation history history bears brief repetition present context many early settlers nation came escape tyranny laws compelled support churches inflicted punishments failure pay establishment taxes tithes inhabitants various colonies soon displayed capacity recreate oppressive practices countries fled persons minority faiths persecuted persons subjected time colonial governments tithes taxes support religion reynolds practices became commonplace shock colonials feeling abhorrence imposition taxes pay ministers salaries build maintain churches church property aroused indignation feelings found expression first amendment everson supra footnotes omitted compel man furnish contributions money propagation opinions disbelieves sinful tyrannical even forcing support teacher religious persuasion depriving comfortable liberty giving contributions particular pastor whose morals make pattern hening stat man shall compelled frequent support religious worship place ministry whatsoever shall enforced restrained molested burthened body goods shall otherwise suffer account religious opinions belief phase unrelentingly absolute opposing state support aid taxation even three pence contribution thus exacted citizen purpose tithes establishment compulsions disappeared madison coworkers made exceptions abridgments complete separation church state created objection small tithes tithes whatsoever lawful impose small tax religion admission pave way oppressive levies amount principle assessment wrong everson supra citation omitted flast cohen federal taxpayers sought challenge department health education welfare administration elementary secondary education act specifically department practice allowing funds distributed act used finance instruction religious schools appellants urged use federal funds purpose violated establishment free exercise clauses first amendment sought declaration use federal funds authorized act extent use authorized act unconstitutional void appellants sought injunction bar appellees approving expenditure funds allegedly unconstitutional purposes frothingham rule stood seemingly absolute barrier maintenance claim held however frothingham barrier overcome claim met requirements nexus test justices participated flast unaware continued recognition federally cognizable case controversy local taxpayer seeks challenge unconstitutional use municipality funds propriety course gone unquestioned everson aware well rule stated doremus board education interest taxpayer even one raising establishment clause claim limited actions government involving expenditure funds reaching holding also quite clear responding everson continued acceptance municipal taxpayer actions also everson exposition history meaning establishment clause see flast supra apparent test standing formulated flast sought reconcile developing doctrine taxpayer standing historical understanding establishment clause intended prohibit federal government using tax funds advancement religion thus constitutional imperative taxpayer standing certain cases brought pursuant establishment clause nexus test offered despite general language best understood determinant standing plaintiffs alleging injury taxpayers challenge alleged violations establishment free exercise clauses first amendment general statement standing principles schlesinger reservists committee stop war brennan dissenting flast test explains forms governmental action may attacked someone alleging taxpayer status without ruling possibility history might reveal another similarly founded provision explains establishment clause claim treated differently assertion federal government exceeded bounds law allocating largesse thus consistent doremus flast required first prong test taxpayer demonstrate logical connection taxpayer status type legislation attacked flast supra appellants challenge program grants educational institutions clearly satisfied first requirement second prong consistent prohibition taxpayer claims kind advanced frothingham appellants required show connection status precise nature infringement alleged flast difficulty meeting requirement agreed establishment clause jealously protects taxpayers diversion funds support religion offices federal government nexus test announced sought maintain necessary continuity prior cases set forth principles guide future cases involving taxpayer standing flast depart principle judgment standing made without fundamental understanding rights issue flast test supply rationale decision rather exposition rationale supplied understanding nature restrictions government power imposed constitution intended beneficiaries restrictions may congress tax almost reason reason far able discern one constitutionally imposed limit authority congress use tax money support church encourage religion forbidden exaction everson board education rutledge dissenting emphasis added see flast supra fortas concurring absolute terms history establishment clause first amendment makes clear history also makes clear federal taxpayer singularly proper appropriate party invoke federal jurisdiction challenge federal bestowal largesse violation establishment clause indeed every federal taxpayer suffers precisely injury establishment clause guards federal government directs funds taken pocketbooks citizenry placed coffers ministry taxpayer asked raise objection use funds time pays tax apart unlikely circumstance government announced advance particular levy used religious subsidies taxpayers hardly assert injured government actually lent support religious venture reasonable require address claim officials charged collection federal taxes officials without means provide appropriate redress practical way segregate complaining taxpayer money devoted religious purpose surely taxpayer must standing time learns government alleged establishment clause violation seek equitable relief order halt continuing intolerable burden pocketbook conscience constitutional rights iii blind history attempts distinguish case flast wrenching snippets language opinions perfunctorily applying language color first prong flast nexus test tortuous distinctions thus produced specious best worst pernicious constitutional heritage first finds case different flast source plaintiffs complaint congressional action decision hew transfer parcel federal property ante emphasis added attempt distinction withstand scrutiny flast involved challenge actions commissioner education officials hew disbursing funds elementary secondary education act religious sectarian schools plaintiffs disclaimed intent ion challenge programs act flast supra rather claimed approval expenditures authorized act alternatively extent expenditures authorized act unconstitutional void ibid present case respondents challenge hew grant property pursuant federal property administrative services act seeking enjoin hew making grant property defendant long grant violate establishment clause app may concerned adequacy respondents pleading respondents many words asked declaration federal property administrative services act unconstitutional void extent authorizes hew actions construe complaint narrowly fundamentally clear division drawn context actions legislative branch executive branch sure first amendment phrased restriction congress legislative authority natural since constitution assigns authority legislate appropriate congress difficult conceive expenditure last governmental actor either implementing directly legislative acting within scope legislatively delegated authority executive branch official first amendment binds government whole regardless branch work particular instance second purported distinction case flast equally unavailing majority finds decisive federal property administrative services act evident exercise congress power property clause art iv cl ante government action flast taken art relies richardson schlesinger reservists committee stop war support distinction two clauses nothing cases involved alleged deviations requirements art cl art cl respectively standing defect case however failure allege violation spending clause rather taxpayers cases complained distribution government largesse thus failed meet essential requirement taxpayer standing recognized doremus make constitutional difference case us whether donation petitioner form cash grant build facility see tilton richardson nature gift property including facility already built meaningless distinction illustrated tilton case taxpayers afforded standing object fact government received adequate assurance property financed use educational facility later converted religious uses receive full value property constitution requires complaint precisely although property issue actually used sectarian purpose government received demanded full value payment whether undertaken pursuant property clause spending clause breach establishment clause relationship taxpayer breach precisely iv plainly hostile framers understanding establishment clause flast enforcement understanding vents hostility guise standing slam courthouse door plaintiffs framers intended entitled full consideration establishment clause claims merits barlow collins brennan concurring result dissenting therefore dissent barlow collins brennan concurring result dissenting congress may enact statutes creating legal rights invasion creates standing even though injury exist without statute linda richard framers constitution course exercise power justice frankfurter identified two sources assist definitional inquiry concerning injury litigant ordinarily standing challenge governmental action sort taken private person create right action cognizable courts standing may based interest created constitution statute joint refugee committee mcgrath concurring opinion citations omitted identifying types injuries might recognized private law actions basis suits government justice frankfurter felt free draw principles common law course generally permit persons press federal suits even injury complained obviously within realm injuries particular statutory constitutional provision designed guard term circumstance one standing situations constitution requires us determine whether injury alleged sufficiently palpable fall within contemplation art iii plaintiff suffered injury fact within contemplation art iii obviously within reach particular statutory constitutional provision upon plaintiff founds claim bring prudential considerations bear determine whether plaintiff allowed maintain action see duke power carolina environmental study group evaluating claim standing definition without specific constitutional congressional direction thus free draw upon wisdom peculiarly judicial character elaborate upon meaning constitutionally cognizable injury weigh considerations policy along gleanings legislative constitutional intent order determine whether plaintiff permitted maintain claim understanding basic practical prudential concerns underlying standing doctrine generally satisfied constitutional requisites met rarely interposed bar standing particularly constitutional violations alleged indeed firm exception generally permissive attitude toward suits restriction taxpayer suits constitution makes clear particular person protected particular form government action person right free action right infringed injury personal stake within meaning art iii james madison noted bill rights incorporated constitution independent tribunals justice consider peculiar manner guardians rights impenetrable bulwark every assumption power legislative executive naturally led resist every encroachment upon rights expressly stipulated constitution declaration rights annals cong attempt afford taxpayer living district columbia rights taxpayer living municipality treatment bradfield persuasive force ban federal taxpayer standing considered constitutional origin analogy sufficed cure jurisdictional defect appellant alleged taxpayer district columbia rather citizen taxpayer resident district columbia emphasis added although deemed suit ellis roberts treasurer treasurer district columbia roberts bradfield app standing plainly rested appellant federal taxpayer status question apparently remains open whether frothingham stated prudential limitation identified art iii barrier see duke power carolina environmental study group richardson powell concurring generally agreed time flast cohen clearly view justice harlan dissent rule stated reflected prudential policy considerations constitutional limitations perhaps case usefully understood substantive declaration legal rights taxpayer respect government spending coupled prudential restriction taxpayer ability raise claims third parties construction however frothingham must give way taxpayer suit brought establishment clause indeed noted flast supra stake federal treasury major corporate taxpayers sense trivial indeed time federal program involving expenditure treasury billion likely result increase million tax bill major corporation general motors see hearings subcommittee constitutional rights senate committee judiciary pt letter davis sam ervin note yale even actual impact taxpayer pocketbook deemed test taxpayer standing cases tenuous causal connection injury alleged challenged action formed basis denying plaintiffs standing control case taxpayer challenging government expenditure compare simon eastern kentucky welfare rights warth seldin linda richard duke power carolina environmental study group supra scrap frothingham obstacle inability show alleged injury likely redressed favorable decision simon supra cases standing denied difficulty intermediate link causal chain third party beyond control might serve bar effective relief even acceded plaintiffs view law decree might prove ineffectual relieve plaintiffs injury independent action third party see warth seldin supra situation taxpayer comparable problem intervening cause defendant full power correct plaintiff difficulty concludes matter law fact plaintiff indeed required provide defendant redress power provide relief factual aspect causal connection sure respect enforcement constitutional restrictions overly elegant defining class persons may object particular forms government action constitutional minimum injury fact required recently noted accept contention outside context taxpayers suits litigant must demonstrate something injury fact substantial likelihood judicial relief requested prevent redress claimed injury duke power carolina environmental study group see schlesinger reservists committee stop war nevertheless suggest frothingham limitation federal taxpayer suits abandoned barrier evinces taxing power spending power whether deemed one constitutional construction judicial prudence reflects fundamental conceptions nature legislative process event firmly embedded cases barrier necessarily pierced however establishment clause claim justice black joined chief justice vinson justices reed douglas murphy wrote majority concluded challenged activity support religion justice jackson wrote one dissent joined justice frankfurter justice rutledge also authored dissent justices jackson frankfurter burton joined dissents clearly affirmed constitutional restriction power tax bill madison remonstrance appended dissenting opinion justice rutledge everson although bill sense merely pronouncement small legislative body proscription intended transcend temporal bounds enactment concludes though well know assembly enacted people ordinary purposes legislation power restrain acts succeeding assemblies constituted powers equal therefore declare act irrevocable effect law yet free declare declare rights hereby asserted natural rights mankind act shall hereafter passed repeal present narrow operation act infringement natural right hening stat position taxpayer respect government grant tax exemption religious institution qualitatively different position taxpayer objecting subsidy subsidy involves direct transfer public monies subsidized enterprise uses resources exacted taxpayers whole exemption hand involves transfer assists exempted enterprise passively relieving privately funded venture burden paying taxes words case direct subsidy state forcibly diverts income believers nonbelievers churches case exemption state merely refrains diverting uses income independently generated churches voluntary contributions walz tax new york city brennan concurring omitted quoting gianella religious liberty nonestablishment doctrinal development pt harv rev justice jackson writing doremus board education explored limitations taxpayer standing establishment clause case two new jersey taxpayers challenged new jersey law directed public school teachers read selected passages bible seeking declaratory judgment law violated establishment clause concluded taxpayer lacked standing allegation activity supported separate tax paid particular appropriation adds sum whatever cost conducting school information given kind taxes paid appellants averment bible reading increases tax pay taxpayers possibly pocket everson showed measurable appropriation disbursement funds occasioned solely activities complained complaint anomaly allowing municipality actions challenged local taxpayer federal violation establishment clause made applicable virtue fourteenth amendment exempting federal government whose use taxing power aid religion target framers adoption establishment clause also must apparent test formulated establishment clause mind wisely sought phrase principle stood general terms noted establishment clause first amendment specifically limit taxing spending power conferred art whether constitution contains specific limitations determined context future cases however whenever specific limitations found believe taxpayer clear stake taxpayer assuring breached congress consequently hold taxpayer standing consistent article iii invoke federal judicial power alleges congressional action taxing spending clause derogation constitutional provision operate restrict exercise taxing spending power taxpayer allegation cases tax money extracted spent violation specific constitutional protections abuses legislative power uncontested property issue initially purchased tax funds bears mark million federal improvements time transfer petitioner fair market value approximately million americans dept hew federal property administrative services act clearly requires whenever possible fair market value received property transferred pursuant provisions see proceeds sale lease disposition surplus property shall covered treasury miscellaneous receipts act provides however surplus real property including buildings fixtures equipment situated thereon may designated hew necessary school classroom educational use property may transferred nonprofit educational institution fixing price property secretary required consider benefit may accrue use property failing require payment petitioner college secretary apparently determined benefit exceeded fair market value entirely clear tilton facility used sectarian purposes government required obtain full market value time use commences framers first amendment viewed less objectionable taxpayer learn tax funds used government purchase property construct church deed property religious order find government providing funds church undertake construction far establishment clause position taxpayer concerned situations interchangeable surely james madison perceived nice distinction grant land grant funds vetoed bill providing certain land church bill reserving certain parcel land use said church comprises principle precedent appropriation funds use support religious societies contrary article constitution declares congress shall make law respecting religious establishment richardson messages papers presidents justice stevens dissenting parts ii iii dissenting opinion justice brennan demonstrates respondent taxpayers standing mount establishment clause challenge federal government transfer property worth assemblies god hold plaintiffs standing depends whether government transfer exercise power spend money one hand power dispose tangible property trivialize standing doctrine one read opinion concurring opinions justice stewart justice fortas flast cohen without forming firm conclusion plaintiffs invocation establishment clause decisive importance resolving standing issue case justice fortas made point directly agree congressional powers tax spend limited prohibition upon congress enact laws respecting establishment religion thesis slender basis provides direct nexus puts use collection taxes congressional action unique nexus judgment recognize taxpayer special claim status litigant case raising establishment issue special claim enough think permit us allow suit coupled interest taxpayer citizens issue terms structure basic philosophy constitutional government difficult point issue intimate pervasive fundamental impact upon life taxpayer upon life citizens perhaps vital interest citizen establishment issue without reference taxpayer status acceptable basis challenge need decide certainly believe must recognize principle judicial scrutiny legislative acts raise important constitutional questions requires issue presented separation state church founding fathers regarded fundamental constitutional system subjected judicial testing question faithful trust consign limbo unacknowledged unresolved undecided hand urgent necessities case precarious opening find way confront demand open door general assault upon exercises spending power status taxpayer accepted launching pad attack upon target legislation affecting establishment clause reason reasons stated parts ii iii justice brennan opinion affirm judgment appeals