schlesinger reservists stop war argued january decided june respondents association present former members armed forces reserve opposing involvement vietnam five association members citizens taxpayers brought class action behalf inter alia citizens taxpayers petitioners secretary defense three service secretaries challenging reserve membership members congress violating incompatibility clause art cl constitution provides person holding office shall member either house continuance office district held respondents standing sue citizens taxpayers merits granted partial relief appeals affirmed held respondents standing sue citizens since claimed nonobservance incompatibility clause assert deprives citizens faithful discharge legislative duties reservist members congress implicates generalized interest citizens constitutional governance thus merely abstract injury rather concrete injury essential satisfy art iii case controversy requirement pp respondents also lacked standing sue taxpayers since failed establish required logical nexus taxpayer status asserted claim sought adjudicated flast cohen pp burger delivered opinion stewart white blackmun powell rehnquist joined stewart filed concurring opinion post douglas filed dissenting opinion marshall joined post brennan post marshall post filed dissenting opinions solicitor general bork argued cause petitioners brief acting assistant attorney general jaffe deputy solicitor general friedman leonard schaitman william appler william dobrovir argued cause filed brief respondents thomas king maurice biddle harold shapiro filed brief reserve officers association amicus curiae chief justice burger delivered opinion granted certiorari sub nom richardson reservists committee stop war review judgment appeals affirming without opinion district partial summary judgment respondents declaring article section clause constitution renders member congress ineligible hold commission armed forces reserve continuance office reservists committee stop war laird supp dc hold respondents standing sue citizens taxpayers judgment appeals therefore reversed article cl federal constitution provides senator representative shall time elected appointed civil office authority shall created emoluments whereof shall encreased time person holding office shall member either house continuance office respondents reservists committee stop war certain named members thereof challenged reserve membership members congress violation incompatibility clause commenced class action district petitioners secretary defense three service secretaries seeking order nature mandamus directed petitioners requiring strike rolls reserves members congress presently thereon discharge member reserves subsequently became member congress seek reclaim members former members congress reserve pay said members received serving members congress permanent injunction preventing petitioners placing rolls reserves member congress serving congress declaration membership reserves office prohibited members congress art cl incompatible membership congress respondents sought relief behalf four classes persons committee individual respondents sought represent interests persons opposed military involvement vietnam purporting use lawful means including communication persuasion members congress end involvement individual respondents alone sought represent interests officers enlisted members reserves members congress taxpayers citizens interests four classes alleged adversely affected reserve membership members congress various ways relevant citizens taxpayers alleged respondents complaint suffered injury members congress holding reserve position executive branch said subject possibility undue influence executive branch violation concept independence congress implicit art constitution reserve membership also said place upon members congress possible inconsistent obligations might cause violate duty faithfully perform reservists members congress reserve membership members congress thus according respondents complaint deprives may deprive individual named plaintiffs citizens taxpayers faithful discharge members congress members reserves duties members congress citizens taxpayers entitled pet cert district concluded first determine whether respondents standing bring action without citation authority stated recent years greatly expanded concept standing circuit concept almost completely abandoned response petitioners contention incompatibility clause sets forth qualification membership congress congress alone might judge district characterized issue whether respondents presented nonjusticiable political question resolution text constitution committed congress baker carr held failure executive branch remove reservist members congress reserve positions justiciable resolved issues standing political question favor respondents district held merits commission reserves office within meaning incompatibility clause basis foregoing final order granted partial summary judgment respondents declaring incompatibility clause renders member congress ineligible continuance office hold reserve commission denied parts respondents motion summary judgment sought permanent injunction relief nature mandamus appeals affirmed judgment district unpublished opinion basis memorandum opinion district appeals added also view respondents requisite standing claim judicially enforceable rationale flast cohen baker carr supra petitioners present three questions review whether respondents standing either citizens federal taxpayers bring claim whether respondents claim presents political question subject judicial review whether membership reserves constitutes office within meaning incompatibility clause pet cert ii flast cohen supra noted concept justiciability expresses jurisdictional limitations imposed upon federal courts case controversy requirement art iii embodies standing political question doctrines upon petitioners part rely doctrines poses distinct separate limitation powell mccormack baker carr supra either absence standing presence political question suffices prevent power federal judiciary invoked complaining party sensitive complex task determining whether particular issue presents political question causes courts district turn initially although invariably question standing sue light district action turn petitioners contention respondents lacked standing bring suit conclusion district erred holding respondents standing sue citizens correct denying respondents standing taxpayers eliminates need consider questions presented petitioners district considered standing four capacities respondents brought suit rejected standing three four holding respondents sue citizens appeals judgment affirmance based solely upon opinion district alter district ruling standing standing question presented petition certiorari addressed district holding citizen standing seeks add question whether respondents also standing taxpayers respondents contend district erred denying standing two capacities sought proceed opponents american military involvement vietnam reservists therefore proceed consideration respondents standing citizens taxpayers citizen standing interest citizens share claim advanced respondents one presents injury abstract respondents seek judicial branch compel executive branch act conformity incompatibility clause interest shared citizens language respondents complaint supra reveals nothing matter speculation whether claimed nonobservance clause deprives citizens faithful discharge legislative duties reservist members congress claimed nonobservance standing alone adversely affect generalized interest citizens constitutional governance abstract injury previously declined treat generalized grievances conduct government basis taxpayer standing flast cohen consider whether citizen standing sue generalized complaint analysis begins baker carr stated gist inquiry must whether complaining party alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions questions framed necessary specificity issues contested necessary adverseness litigation pursued necessary vigor assure constitutional challenge made form traditionally thought capable judicial resolution ex parte levitt occasion faced question art cl although challenge made ineligibility clause incompatibility clause involved petition filed seeking order show cause one justices disqualified serve associate justice petition asserted appointment confirmation justice august unlawful act march permitting justices retire full salary period specified service thereby increased emoluments office statute enacted challenged justice senator appointment justice president confirmation senate thus said violate ineligibility clause provides senator representative shall time elected appointed civil office authority emoluments whereof shall encreased time motion papers disclose interest upon part petitioner citizen member bar insufficient established principle entitle private individual invoke judicial power determine validity executive legislative action must show sustained immediately danger sustaining direct injury result action sufficient merely general interest common members public moreover asked undertake constitutional adjudication important delicate responsibilities requirement concrete injury serves function insuring adjudication take place unnecessarily principle particularly applicable respondents seek interpretation constitutional provision never construed federal courts first concrete injury removes realm speculation whether real need exercise power judicial review order protect interests complaining party desire obtain sweeping relief accepted substitute compliance general rule complainant must present facts sufficient show individual need requires remedy asks mccabe atchison permit complainant concrete injury require rule important constitutional issues abstract create potential abuse judicial process distort role judiciary relationship executive legislature open judiciary arguable charge providing government injunction powers federal judiciary adequate great burdens placed upon employed prudently recognition strengths well hazards go kind representative government flast cohen harlan dissenting finally several considerations advanced district support respondents standing citizens militate conclusion error grant standing respondents citizens first district acknowledged injury resulting reservist status members congress hypothetical stressed incompatibility clause designed prohibit potential injury rationale fails however compensate respondents failure present claim clause alleges concrete injury claims respondents like claim ineligibility clause levitt supra require courts deal difficult sensitive issue constitutional adjudication complaint one allege personal stake outcome controversy baker carr support standing must concrete injury form assures necessary specificity called flast concrete adverseness upon largely depends illumination difficult constitutional questions baker carr supra standing thus found premature evaluation merits respondents complaint district next acknowledged longstanding reluctance entertain generalized grievances conduct government flast cohen distinguished respondents complaint grievances characterizing incompatibility clause precise even accepting characterization clause adequate substitute judicially cognizable injury present moreover characterization rested preceding characterization interpretation clause way preliminary appraisal merits respondents claim standing found event ineligibility clause involved levitt supra less specific less precise incompatibility clause district relied fact 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 mere interest problem matter longstanding interest matter qualified organization evaluating problem sufficient render organization adversely affected aggrieved within meaning apa furthermore reached conclusion respondents interests citizens meant protected incompatibility clause primary purpose clause insure independence branches federal government similarly involved appraisal merits issue standing resolved citizens course share equally interest independence branch government fashion every provision constitution meant serve interests generalized interest however abstract constitute case controversy appropriate judicial resolution proposition constitutional provisions enforceable citizen simply citizens ultimate beneficiaries provisions boundaries closely linked idea generalized citizen interest sufficient basis standing district observation irrelevant respondents obtain judicial review petitioners action practical matter one system government leaves many crucial decisions political processes assumption respondents standing sue one standing reason find standing see richardson ante taxpayer standing district applying flast holding denied respondents standing taxpayers failure satisfy nexus test agree conclusion since respondents challenge enactment art rather action executive branch permitting members congress maintain reserve status accordingly judgment appeals reversed case remanded district proceedings consistent opinion ordered footnotes time suit filed members congress also members reserves divided ready standby retired components end congress members reservists november congress seen number reservists reduced one commissioned officers app none occupy ready reserve status individual respondents supra dept defense directive july cfr including one enlisted man active inactive standby reserve retired reserve receive retirement pay two members army national guard thus ready reserve since governors various control appointments offices guard petitioners provide relief regarding reservists judgment district therefore extend category reservist supp dc respondents appear reference part pressure conceivably applied reservist members congress offices president power call reservists active duty without consent power discharge commissioned reservists serve pleasure respondents appeals challenge district denial injunctive mandamus relief light ground disposition case need address validity scope district ruling merits respondents claim relief granted lack fixed rule proper sequence judicial analysis contentions involving one facet concept justiciability recently exhibited appeals second circuit bypassed determination standing rule claim justiciable presented political question standing party need come question determines reasons issue raised bench appeals affirm judgment district including latter denial respondents standing taxpayers petitioners may however sought raise issue taxpayer standing ambiguous reference appeals judgment affirmance flast cohen supra case generalized nature respondents claim revealed scope relief sought removal reservist members congress reserve status rather removal reservist members manifested actions influenced reserve status act adversely respondents interest cited number cases support holding nearly contained language similar quoted text see frothingham mellon insufficient party show merely suffers indefinite way common people generally fairchild hughes plaintiff right possessed every citizen require government administered according law public moneys wasted obviously general right entitle private citizen institute federal courts suit tyler judges registration even proceeding prosecutes benefit public plaintiff must generally aver injury peculiar distinguished great body fellow citizens see also giles harris holmes plaintiff alleges whole registration scheme alabama constitution fraud upon constitution asks us declare void course maintain bill mere declaration air cf newman frizzell also recently cited approval two principal cases relied upon ex parte levitt frothingham mellon supra used support littleton fairchild hughes supra used baker carr sharp contrast political processes congress initiate inquiry action define issues objectives exercise virtually unlimited power way hearings reports thus making record plenary consideration solutions legislative function inherently general rather particular intended responsive adversaries asserting specific claims interests peculiar expressed apprehension claims standing based mere interest problem see sierra club earlier cases evidenced comparable concern see newman frizzell lamm volpe pietsch president clark troutman shriver citing levitt supra velvel nixon pauling mcelroy app cf sharrow brown aside decision review opinion appears ruled otherwise atlee laird supp ed relied upon decision district appeals reliance baker carr inapposite scrap pointed personal stake fraction vote baker carr sufficient support standing injury asserted baker thus concrete injury fundamental voting rights distinguished abstract injury nonobservance constitution asserted respondents citizens baker carr cited approval early case liverpool phila emigration held federal adjudge rights actual controversies district made analogy statutes said directed avoiding circumstances potential actual impropriety doubt congress enacted statute creating legal right requisite injury standing found invasion right littleton linda richard association data processing service organization camp satisfy art iii prerequisite complaining party still required allege specific invasion right suffered standing found citizen alleged right citizens government conducted without perceived without suffered concrete harm proscribed conflicts interest looking substantive issues flast stated appropriate necessary relation taxpayer standing express purpose determining whether logical nexus taxpayer status asserted claim sought adjudicated step appropriate claim citizen standing since flast nexus test applicable taxing spending power challenged hence occasion district appeals reach evaluate saw merits respondents complaint satisfaction data processing zone interest requirement seemingly relied upon find citizen standing support standing two reasons first case involved judicial review administrative procedure act regulatory agency action alleged caused private competitive injury second data processing required showing injury fact addition zone interest requirement judicially cognizable injury shown inquiry relevant consideration citizen standing noted earlier supra respondents requested district compel petitioners seek reclaim reserve pay received reservist members congress relief follow invalidity executive action paying persons lawfully reservists invalidity statutes authorizing pay lawfully reservists justice stewart concurring agree respondents lack standing sue either citizens taxpayers case unlike richardson ante respondents allege petitioners refused perform affirmative duty imposed upon constitution taxpayer standing flast cohen since simply challenge exercise taxing spending power judgment case wholly consistent scrap standing today found wanting injury suffered many rather none respondents alleged sort direct palpable injury required standing art iii like plaintiff frothingham mellon respondents seek air described flast generalized grievances conduct government prior cases make clear abstract allegations suffice confer art iii standing therefore join opinion judgment justice douglas justice marshall joins dissenting requirement standing sue judicially created instrument serving several ends protects status quo reducing challenges may made institutions greatly restricts classes persons may challenge administrative action application case serves make bureaucracy pentagon immune protests citizens sometimes used bar courts questions constitution left two coordinate branches resolve political question times way ridding dockets whether abstract questions questions involving concrete controversial issue leading case frothingham mellon decided taxpayer challenged constitutionality act congress gave grants agreed plan reduce maternal infant mortality said administration statute likely produce additional taxation imposed upon vast number taxpayers extent whose several liability indefinite constantly changing essentially matter public individual concern one taxpayer may champion litigate cause every taxpayer may respect statute review also respect every appropriation act statute whose administration requires outlay public money whose validity may questioned bare suggestion result attendant inconveniences goes far sustain conclusion reached suit character maintained much significance precedent sustaining right maintain suits like called attention although since formation government examination acts congress disclose large number statutes appropriating involving expenditure moneys purposes enacted carried effect years frothingham case revisited flast cohen federal taxpayers sued enjoin expenditure federal funds act congress granting financial aid religious schools held taxpayers standing sue two reasons first challenged exercise congressional power taxing spending clause art constitution incidental expenditure tax funds administration essentially regulatory statute second challenged enactment exceeded limitations imposed upon exercise congressional taxing spending power see therefore concluded taxpayer requisite personal stake litigation standing sue went hold establishment clause first amendment operates specific constitutional limitation upon exercise congress taxing spending power conferred art present case implicates two provisions constitution article cl provides congress shall power lay collect taxes duties imposts excises pay debts provide common defence general welfare article cl constitution says person holding office shall member either house continuance office present suit one oust members congress rather brought secretary defense challenging keeping armed services members congress hold commissions reservists various acts congress make various appropriations services reservists see pub stat pub et stat article cl often referred incompatibility clause convention proposed members congress allowed serve executive branch others opposed mason apparently represented majority view insisted ineligibility keep corruption excluding article cl like establishment clause first amendment designed specific bulwark potential abuses operates specific constitutional limitation upon expenditures flast cohen supra stated hamilton federalist lodge ed incompatibility clause specific purpose avoid danger executive influence upon legislative body respondents standing taxpayers citizenship also gives standing challenge appropriation acts financing activities reservists tend overlook basic political legal reality people bureaucracy sovereign federal government created security happiness people executives lawmakers members judiciary inferior sense office carry execute constitutional regime preamble constitution people ordained established constitution declaration independence stated insure certain unalienable rights governments instituted among men deriving powers consent governed whenever form government becomes destructive ends right people alter abolish present case involve restructuring society procedure left legislative action part mostly constitutional conventions citizens case seek constitution enforced written suit unseat members congress decree issued run secretary defense take challenged reservists list interest citizens obvious complaint alleges injuries ability average citizen make political advocacy effective whenever touches vast interests pentagon said oppose expansion military influence national affairs find met powerful lobby reserve officers association strong congressional allies whether true know far incompatibility clause constitution concerned contention immaterial immaterial function art cl constitution suggestion establishment religion first amendment benign given case framers case set constitutional fences barring certain affiliations certain kinds appropriations judgment potential evil great appropriations character made interest citizens guarantees written constitution seems obvious citizens better right incompatibility clause enforced interests incompatibility clause designed protect executive branch regime fiefdom principality competing legislative another center power operates within constitutional framework constitutional framework citizens want keep intact view rightful concern insisted generalized grievances citizen shown must personal stake outcome baker carr personal stake need monetary one baker carr right vote important badge citizenship personal stake present case keeping incompatibility clause operative force government freeing entanglement federal bureaucracy legislative branch ex parte levitt opposed levitt moved declare appointment justice black unconstitutional alleged justice black senator voted increase emoluments office associate justice therefore barred taking office reason art cl constitution denied motion file original action stating established principle entitle private individual invoke judicial power determine validity executive legislative action must show sustained immediately danger sustaining direct injury result action sufficient merely general interest common members public interest citizen constitutional question course common citizens said scrap standing denied simply many people suffer injury deny standing persons fact injured simply many others also injured mean injurious widespread government actions questioned nobody affirm judgment agree conclusion house judiciary committee sess commission national guard office constitutional sense commission reserves distinguishable see hartwell wall see farrand records federal convention pp justice brennan dissenting standing plaintiff heard claim invasion alleged legally protected right established view allegation challenged action caused injury fact barlow collins concurring result dissenting inquiry cases connection zone interests protected regulated statute constitutional guarantee question association data processing service organizations camp interest sought protected complainant relevant standing limitations exercise judicial function justiciability see baker carr reviewability see abbott laboratories gardner richardson plainly alleged injury fact brother stewart demonstrates analysis richardson claimed right budget central intelligence agency published claim merely failure publish violation constitution claim went alleged violation deprived richardson individual inseparable part citizenry right given art cl moreover complaint properly construed alleged violations caused injury respect right citizen know congress spending public fisc also respect right voter receive information aid decision vote claims may ultimately fail merits richardson standing assert similarly hold respondent reservists committee members demonstrated sufficient injury fact maintain suit allegation injured taxpayers first glance seeming extraordinarily difficult prove neither impossible basis record made bad faith secretary defense takes contrary position regard either requirements open move summary judgment compel respondents establish position see barlow supra stringent requirements demand respondents satisfy flast nexus requirement appropriate issues resolution rubric standing since find requirement met respondents taxpayer allegation occasion reach question whether respondent reservists committee members allegations injury interests citizens sufficient confer standing circumstances case unlike brother stewart distinguishes two cases find flast cohen supports conclusion allegations sufficient give respondents cases standing speaking generally standing said fundamental aspect standing focuses party seeking get complaint federal issues wishes adjudicated gist question standing whether party seeking relief alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions baker carr words standing placed issue case question whether person whose standing challenged proper party request adjudication particular issue whether issue justiciable lleged injury fact reviewability merits pose questions largely distinct one another governed considerations fail isolate treat inquiry independently two far possible risk obscuring issue given case thus risk uninformed poorly reasoned decisions may result injustice risk ambiguity injustice minimized cleanly severing far possible inquiries reviewability merits determination standing opinion applies also et al richardson ante justice marshall dissenting agree brother douglas respondents standing citizens bring action accept majority characterization respondents complaint alleging injury abstract generalized grievances conduct government ante according complaint respondents present former members various armed forces reserves organized purpose opposing military involvement vietnam using lawful means end involvement including efforts members individually persuade congress members congress take steps necessary appropriate end involvement respondents nevertheless right first amendment attempt persuade congressmen end war vietnam respondents alleged right incompatibility clause arguments considered congressmen subject conflict interest virtue positions armed forces reserves respondents complaint therefore view claim direct concrete injury judicially cognizable interest sad commentary priorities litigant contends violation federal statute interfered aesthetic appreciation natural resources claim heard federal see scrap one contends violation specific provision constitution interfered effectiveness expression protected first amendment turned away without hearing merits claim respectfully dissent