richardson argued october decided june respondent federal taxpayer brought suit purpose obtaining declaration unconstitutionality central intelligence agency act permits cia account expenditures solely certificate director complaint alleged act violated art cl constitution insofar clause requires regular statement account public funds district dismissal complaint inter alia respondent lack standing flast cohen reversed appeals held respondent standing taxpayer ground satisfied flast requirements allegations challenge enactment taxing spending clause art show nexus plaintiff status specific constitutional limitation taxing spending power held respondent lacks standing maintain suit pp flast stressed need meeting requirements art iii undermine salutary principle established frothingham mellon taxpayer may employ federal forum air generalized grievances conduct government allocation power federal system pp respondent challenge addressed taxing spending power statutes regulating cia accounting reporting procedures provides logical nexus status taxpayer asserted failure congress require detailed reports expenditures cia pp respondent claim without detailed information cia expenditures properly follow legislative executive action thereby fulfill obligations voter generalized grievance insufficient frothingham flast show sustained immediately danger sustaining direct injury result action ex parte levitt pp burger delivered opinion white blackmun powell rehnquist joined powell filed concurring opinion post douglas filed dissenting opinion post brennan filed dissenting opinion post stewart filed dissenting opinion marshall joined post solicitor general bork argued cause et al brief former solicitor general griswold assistant attorney general wood deputy solicitor general lacovara harriet shapiro walter fleischer william appler osmond fraenkel argued cause respondent brief melvin wulf burt neuborne james kelley chief justice burger delivered opinion granted certiorari case determine whether respondent standing bring action federal taxpayer alleging certain provisions concerning public reporting expenditures central intelligence agency act stat et violate art cl constitution provides money shall drawn treasury consequence appropriations made law regular statement account receipts expenditures public money shall published time time another letter respondent asserted cia act repugnant constitution requested treasury department seek opinion attorney general department answered declining seek opinion suit followed respondent complaint asked issue permanent injunction enjoining defendants publishing combined statement receipts expenditures balances government representing fulfillment mandates article section clause fully complies mandates essence respondent asked federal declare unconstitutional provision central intelligence agency act permits agency account expenditures solely certificate director injury alleged respondent obtain document sets expenditures receipts cia contrary asked accept fraudulent document district granted motion dismissal ground respondent lacked standing flast cohen subject matter raised political questions suited judicial disposition appeals sitting en banc three judges dissenting reversed holding respondent standing bring action majority relied chiefly flast cohen supra test taxpayer standing rests showing logical link status taxpayer challenged legislative enactment attack enactment taxing spending clause art constitution nexus plaintiff status specific constitutional limitation imposed taxing spending power noting respondent directly attack appropriations act plaintiff flast appeals concluded cia statute challenged respondent integrally related ability challenge appropriations since question appropriation knowledge appeals seemed rest holding assumption case prelude later case challenging basis information obtained suit particular appropriation expenditure cia respondent stated intention complaint dissenters took different approach urging denial standing principally view respondent alleged specific injury general interest common members public conclude respondent lacks standing maintain suit relief sought reverse far back marbury madison cranch held judicial power may exercised case properly case controversy suffering limitations doctrine moot calling advisory opinion baker carr limitation described terms federal pronounce statute either state void irreconcilable constitution except called upon adjudge legal rights litigants actual controversies liverpool steamship commissioners emigration although recent holding flast cohen supra starting point examination respondent claim prosecute suit taxpayer case must read reference principal predecessor frothingham mellon frothingham injury alleged congressional enactment challenged unconstitutional implemented increase complainant future federal income taxes denying standing frothingham rested comparatively minute remote fluctuating uncertain impact taxpayer failure allege kind direct injury required standing party invokes judicial power must able show statute invalid sustained immediately danger sustaining direct injury result enforcement merely suffers indefinite way common people generally gist question standing whether party seeking relief alleged personal stake outcome controversy assure concrete adverseness upon largely depends illumination difficult constitutional questions citing baker carr concluding appellants therefore standing sue undermine salutary principle established frothingham reaffirmed today taxpayer may employ federal forum air generalized grievances conduct government allocation power federal system ii although made explicit flast fundamental aspect standing focuses primarily party seeking get complaint federal rather issues wishes adjudicated made equally clear ruling taxpayer standing appropriate necessary look substantive issues another purpose namely determine whether logical nexus status asserted claim sought adjudicated need reach merits constitutional attack statute inquiry substantive issues limited purpose indicated mere recital respondent claims examination statute attack demonstrate far falls short standing criteria flast neatly falls within frothingham holding left undisturbed although status rests taxpayer challenge addressed taxing spending power statutes regulating cia specifically section provides different accounting reporting requirements procedures cia also done respect governmental agencies dealing confidential areas respondent makes claim appropriated funds spent violation specific constitutional limitation upon taxing spending power rather asks courts compel government give information precisely cia spends funds thus logical nexus asserted status taxpayer claimed failure congress require executive supply detailed report expenditures agency question presented thus simply narrowly whether claims meet standards taxpayer standing set forth flast hold respondent seeking employ federal forum air generalized grievances conduct government frothingham flast supra reject basis standing iii appeals held basis taxpayer standing need always appropriation spending taxpayer money invalid purpose personal stake may come injury fact even directly economic nature association data processing organizations camp surely kind generalized grievance described frothingham flast since impact plainly undifferentiated common members public ex parte levitt laird tatum hardly dispute respondent genuine interest use funds interest may prompted status taxpayer alleged taxpayer danger suffering particular concrete injury result operation statute noted sierra club morton mere interest problem matter longstanding interest matter qualified organization evaluating problem sufficient render organization adversely affected aggrieved within meaning apa 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 emphasis supplied argued respondent permitted litigate issue one real sense absence particular individual class litigate claims gives support argument subject matter committed surveillance congress ultimately political process conclusion mean founding fathers intended set something nature athenian democracy new england town meeting oversee conduct national government means lawsuits federal courts constitution created representative government representatives directly responsible constituents stated periods two four six years constitution afford judicial remedy course completely disable citizen satisfied ground rules established congress reporting expenditures executive branch lack standing within narrow confines art iii jurisdiction impair right assert views political forum polls slow cumbersome unresponsive though traditional electoral process may thought times system provides changing members political branches dissatisfied citizens convince sufficient number fellow electors elected representatives delinquent performing duties committed society become complex numbers vast lives varied resources strained citizens increasingly request intervention courts greater variety issues period national development acceptance new categories judicially cognizable injury eliminated basic principle invoke judicial power claimant must personal stake outcome baker carr supra particular concrete injury sierra club supra direct injury ex parte levitt supra short something generalized grievances flast supra respondent failed meet fundamental tests accordingly judgment appeals reversed footnotes app respondent complaint also asked threejudge district application denied single district judge directions place case calendar usual manner appeals judgment review ordered remand case considered threejudge district granted stay respondent motion convene pending disposition petition writ certiorari september third circuit denied petition mandamus filed respondent compel immediate convening majority found respondent standing bring suit taxpayer one judge held standing citizen case originally argued panel consisting two circuit judges one district judge sitting designation second round briefs appeals determined sua sponte hear case en banc without argument district judge sat appeals en banc point raised question presented petition certiorari solicitor general called attention district judge participation expressed view although limits en banc hearings circuit judges active service retired circuit judge participated initial hearing error harmless brief circumstances need reach question see also davis administrative law treatise supp frothingham plaintiff sought enjoin enforcement federal maternity act stat provided financial grants programs reducing maternal infant mortality alleged violation fifth amendment due process clause ground legislation encroached area reserved cases operative effect look substantive issues lead conclusion substantive issues nonjusticiable consequence one standing see gilligan morgan flast cohen poe ullman see federal bureau investigation foreign affairs atomic energy commission congress taken notice need public information concerning governmental operations time continued traditional restraints disclosure confidential information see freedom information act environmental protection agency mink appeals thus appeared rely association data processing service organizations camp abstracting general language opinion setting controlling facts case appeals overlooked crucial factor standing case arose specific statute bank service corporation act stat petitioners data processing alleged competitive economic injury private business enterprise due ruling comptroller currency permitting national banks sell data processing services banks bank customers whose patronage data processing companies sought recognized standing private business proprietors engaged selling kind services comptroller allowed banks sell held claims impermissible competition arguably within zone interests protected bank service corporation act short congress provided competitor standing saw indication congress sought preclude judicial review administrative rulings comptroller currency limitations congress placed national banks senator representative shall time elected appointed civil office authority shall created emoluments whereof shall encreased time although need reach decide precisely meant regular statement account clear congress plenary power exact reporting accounting considers appropriate public interest therefore open serious question whether framers constitution ever imagined general directives congress executive subject enforcement individual citizen available evidence neither qualitatively quantitatively conclusive historical analysis genesis cl suggests intended permit degree secrecy governmental operations ultimate weapon enforcement available congress course power purse independent statute challenged respondent congress grant standing taxpayers citizens limited course cases controversies provisions art iii controlling surely unimportant nearly two centuries acceptance reading cl vesting congress plenary power spell details precisely specificity executive agencies must report expenditure appropriated funds exempt certain secret activities comprehensive public reporting see farrand records federal convention pp elliot debates federal constitution miller secret statutes dissenting opinion justice brennan see post justice powell concurring join opinion accord analysis particularly insofar relies traditional barriers federal taxpayer citizen standing agree flast cohen set boundaries arguments parties us directly relevant precedent quite correctly absorbs major portion attention write solely indicate go lay rest approach undertaken flast overrule flast facts settled federal taxpayer standing exists establishment clause cases however perpetuate doctrinal confusion inherent flast nexus test test reliable indicator federal taxpayer standing sound relationship question whether plaintiff interest stake allowed bring suit one branches federal government opinion abandoned difficulties flast several opinion purports separate question standing merits yet abruptly returns substantive issues raised plaintiff purpose determining whether logical nexus status asserted claim sought adjudicated similarly opinion distinguishes constitutional prudential limits standing find impossible however determine whether nexus test created flast amounts constitutional prudential limitation meaningful connection statement constitutional requirements standing drawing upon baker carr flast stated 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 today notes ante controlling definition irreducible art iii requirements standing justice harlan pointed dissent flast et impossible see inquiry existence concrete adverseness furthered application flast test flast announced following nexus test nexus demanded federal taxpayers two aspects first taxpayer must establish logical link status type legislative enactment attacked thus taxpayer proper party allege unconstitutionality exercises congressional power taxing spending clause art constitution sufficient allege incidental expenditure tax funds administration essentially regulatory statute secondly taxpayer must establish nexus status precise nature constitutional infringement alleged requirement taxpayer must show challenged enactment exceeds specific constitutional limitations imposed upon exercise congressional taxing spending power simply enactment generally beyond powers delegated congress art nexuses established litigant shown taxpayer stake outcome controversy proper appropriate party invoke federal jurisdiction opinion justice harlan critique flast nexus test unanswerable pointed standard determination standing sufficiently concrete adverseness criteria satisfaction standard entirely unrelated assuming relevant constitutional inquiry intensity plaintiff concern initially posited flast criteria sense measurement plaintiff interest outcome suit harlan dissenting plaintiff incentive challenge expenditure turn unconnected fact relates regulatory rather spending program whether constitutional provision relies specific limitation upon congress spending powers ambiguities inherent flast nexus limitations federal taxpayer standing illustrated case little doubt respondent fervor pursuing case within administrative channels every level federal courts intensity interest appears bear relationship fact literally speaking challenging directly congressional exercise taxing spending power hand involvement taxing spending power relevance requires great leap reasoning conclude statement account clause art cl respondent relies inextricably linked power clause might well seen specific limitation congressional spending indeed viewed democratic limitations thus although application flast instant case probably literally correct adherence flast test instance suggests flast test sound logical limitation standing lack real meaning principled content flast nexus test renders likely time collapse weight justice douglas predicted concurring opinion case present several options may either reaffirm prudential limitations federal citizen taxpayer standing attempt new doctrinal departures area justice stewart post simply drop standing barriers altogether judging concurring opinion flast supra dissenting opinion today justice douglas believe first option appropriate course reasons may emphasized noting difficulties see two disagree late date baker carr statement constitutional indicia standing believe constitutional limitations pertinent considerations ii justice stewart joined justice marshall grant citizen taxpayer standing clauses constitution impose federal government affirmative duty something behalf citizens taxpayers post although distinguishes affirmative constitutional duty constitutional prohibition purposes case post follow justice stewart deny federal taxpayer standing cases involving constitutional prohibition concurring opinion flast makes clear rather find federal taxpayer standing perhaps citizen standing cases based constitutional clauses setting forth affirmative duty unspecified cases constitutional clause issue may seen plain explicit prohibition purposes determining whether taxpayer citizen standing challenge actions federal government fail perceive meaningful distinction constitutional clauses set forth duties set forth prohibitions either instance relevant inquiry may plaintiff relying nothing citizen taxpayer status bring suit adjudicate whether entity federal government carrying responsibilities conformance requirements constitution taxpayer citizen interest willingness pursue vigor suit turn whether constitutional clause issue imposed duty government something prohibited government something prohibitions duties context opposite sides coin thus believe inquiry whether federal courts entertain public actions advanced line drawing affirmative duties prohibitions short opinion brother stewart view fails provide meaningful stopping point position regard federal taxpayer citizen standing respect shares certain deficiencies flast suspect may also true intermediate position area justice douglas correctly discerns think alternatives matter doctrine essentially bipolar preference clear liberal allowing taxpayers standing object violations first amendment granting standing people complain invasion rights fourth amendment fourteenth guarantee constitution bill rights flast cohen concurring opinion view contrary iii relaxation standing requirements directly related expansion judicial power seems inescapable allowing unrestricted taxpayer citizen standing significantly alter allocation power national level shift away democratic form government also believe repeated 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 ever mindful contradictions arise democracy permit general oversight elected branches government nonrepresentative large measure insulated judicial branch moreover argument allow unrestricted taxpayer citizen standing underestimates ability representative branches federal government respond citizen pressure responsible large measure current drift toward expanded standing indeed taxpayer citizen advocacy given potentially broad base precisely type leverage democracy employed branches intended responsive public attitudes appropriate operation government must judges recall justice holmes wisely observed branches government ultimate guardians liberties welfare people quite great degree courts missouri kansas texas may flast cohen harlan dissenting unrestrained standing federal taxpayer citizen suits create remarkably illogical system judicial supervision coordinate branches federal government randolph proposed council revision repeatedly rejected framers least virtue systematic every law passed legislature automatically previewed judiciary law take effect hand since judiciary select taxpayers citizens bring suit nature suits allowance public actions produce uneven sporadic review quality influenced resources skill particular plaintiff issues presented abstract form contrary recognition judicial review effective largely available simply behest partisan faction exercised remedy particular concrete injury sierra club morton power recognized marbury madison cranch potent one prudent use seems incompatible unlimited notions taxpayer citizen standing utilize power indiscriminately urged may witness efforts representative branches drastically curb use due many regarded unresponsiveness federal government recognized needs serious inequities society recourse federal courts attained unprecedented popularity recent decades courts often acted major instrument social reform always case experiences new deal illustrate public reaction substantive due process holdings federal courts period requires elaboration unusual history repeat quite apart possibility risk progressive impairment effectiveness federal courts limited resources diverted increasingly historic role resolution suits brought litigants distinguish taxpayers citizens irreplaceable value power articulated chief justice marshall lies protection afforded constitutional rights liberties individual citizens minority groups oppressive discriminatory government action role amorphous general supervision operations government maintained public esteem federal courts permitted peaceful coexistence countermajoritarian implications judicial review democratic principles upon federal government final analysis rests considerations outlined underlie believe traditional hostility federal taxpayer citizen standing plaintiff nothing stake interest taxpayer citizen merits noting often unequivocally expressed antipathy efforts convert judiciary open forum resolution political ideological disputes performance government see ex parte levitt frothingham mellon fairchild hughes tyler judges registration holdings declarations reflect wise view need judicial restraint preserve judiciary branch least dangerous political rights constitution federalist lodge ed sure standing barriers substantially lowered last three decades confirmed power congress open federal courts representatives public interest specific statutory grants standing fcc sanders radio station radio fcc flast cohen harlan dissenting trafficante metropolitan life insurance white concurring even absence specific statutory grants standing economic interests one time conferred standing found sufficient compare association data processing service organizations camp barlow collins tennessee electric power tva alabama power ickes see also investment institute camp arnold tours camp noneconomic interests recognized baker carr sierra club morton stringently limited exception federal taxpayer standing created flast cohen supra concept particularized injury dramatically diluted scrap revolution standing doctrine occurred particularly years since baker carr supra meant however standing barriers disappeared altogether noted sierra club broadening categories injury may alleged support standing different matter abandoning requirement party seeking review must suffered injury accord linda richard indeed despite diminution standing requirements last decade broken traditional requirement absence specific statutory grant right review plaintiff must allege particularized injury sets apart man street recognize allegiance requirement particularized injury occasion required reading concept threatens transform beyond recognition baker carr supra flast cohen supra despite occasional digressions requirement remains think reasons outlined recognition considerations refuse go last mile toward abolition standing requirements implicit broadening precarious opening federal taxpayers created flast see fortas concurring allowing citizen qua citizen invoke power federal courts negative unconstitutional acts federal government sum believe limit expansion federal taxpayer citizen standing absence specific statutory authorization outer boundary drawn results flast baker carr think face fact suits effort employ federal forum air generalized grievances conduct government allocation power federal system flast cohen explicitly reaffirm traditional prudential barriers public actions reasons view rooted respect democratic processes conviction powers federal judiciary adequate great burdens placed upon employed prudently recognition strengths well hazards go kind representative government harlan dissenting see also barlow collins brennan dissenting scott standing functional analysis harv rev test announced baker reiterated flast reflects far moved recent years relaxing standing restraints frothingham mellon example declared permit federal taxpayer suit decide judicial controversy assume position authority governmental acts another department authority plainly possess denying standing citizens taxpayers seeking bring suit invalidate nineteenth amendment fairchild hughes stated frankly proceeding nineteenth amendment declared void form bill equity case within meaning article iii constitution justice harlan criticisms analysis flast echoed several commentators scott supra davis standing taxpayers others chi rev professor scott notes flast nexus test understood expedient retreating absolute barrier frothingham sure far go desirous formula enable make case case determinations future standard however untenable harv see radio fcc douglas dissenting justice brennan view see post federal taxpayers able meet test articulated barlow collins renders position least indistinguishable justice douglas furthermore think justice brennan modified standard identified barlow finding satisfied case considerable step distinctive discriminating economic injury alleged barlow see generalized interest taxpayer citizen justice brennan appears acknowledged opinion case ibid flast cohen justice stewart based concurrence majority opinion view establishment clause constitutes explicit prohibition taxing spending power clause plainly prohibits taxing spending aid religion every taxpayer claim personal constitutional right taxed support religious institution present case thus readily distinguishable frothingham mellon taxpayer rely explicit constitutional prohibition instead questioned scope powers delegated national legislature article constitution emphasis supplied one commentator espouses broadening standing refers public actions apparently shares difficulty see jaffe judicial control administrative action ability taxpayer citizen bring public action depend whether questioned official conduct positive negative character whether consists performance improper act failure fulfill duty approach might well lead problems classification divert attention fundamental question whether public actions appropriate matter federal courts distinctions constitutional prohibitions duties make difference certain incongruous rules public action may brought apparent one attempts categorize provisions constitution primarily addressed limiting powers national government art bill rights clauses art except seventh issue stated prohibitions fact seventh clause part prohibition expenditures public money absence appropriations part affirmative duty publish periodically account expenditures rationale according special treatment solely art cl remaining clauses art immediately apparent observation may made bill rights first amendment fifth eighth possibly tenth stated terms prohibitions sixth amendment portions seventh classified duties ninth defies classification rational rules standing public actions seems unlikely emerge effort make format particular amendment determinative one commentator predicted phenomenon possible implications outset past decade dramatic changes standing doctrine udicial power expands requirements standing relaxed public action allowed respect constitutional challenges legislation halls congress state legislatures become regularity act contest enact legislation involving public officials enforcement application act ii usual brief interlude follow courts brown quis custodiet ipsos custodes cases sup rev cf bickel least dangerous branch randolph resolutions also referred virginia plan served matrix document ultimately developed constitutional convention see goebel history eighth randolph proposals follows resd executive convenient number national judiciary compose council revision authority examine every act national legislature shall operate every act particular legislature negative thereon shall final dissent said council shall amount rejection unless act national legislature passed particular legislature negatived unspecified number members branch farrand records federal convention hereafter farrand analogy proposed council revision unrestricted taxpayer citizen standing complete example randolph proposed link judiciary directly executive large measure enhance executive protect legislative encroachments see farrand farrand thus reliance framers rejection council must approached caution nevertheless arguments advanced convention support opposition council provide interesting parallel present contentions regarding unrestrained public actions example madison spoke good proceed perspicuity conciseness systematic character wch code laws wd receive judiciary talents farrand declared proposal useful restrain legislature encroaching departments rights people large passing laws unwise principle incorrect form system useful community large additional check unwise legislative measures farrand opposed proposal including gerry martin rutledge preferred rely representatives people guardians rights interests judges presumed possess peculiar knowledge mere policy public measures higher degree knowledge mankind legislative affairs necessary judiciary confidence people soon lost employed task remonstrating agst popular measures legislature moreover judges never give opinion law till comes arguments adduced convention opposition council revision ultimately prevailed believe analogous arguments guide us refusing general matter entertain public actions western european democracies experimented forms constitutional judicial review abstract see cappelletti judicial review contemporary world experience think good reasons cf bickel supra 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 party invokes power judiciary declare statute unconstitutional must able show statute invalid sustained immediately danger sustaining direct injury result enforcement merely suffers indefinite way common people generally standing denied plaintiff right possessed every citizen require government administered according law public moneys wasted save instances statute settled practice courts plaintiff permitted sue benefit another bound show interest suit personal even proceeding prosecutes benefit public example cases nuisance must generally aver injury peculiar distinguished great body fellow citizens see ibid although law standing greatly changed last years steadfastly adhered requirement least absence statute expressly conferring standing federal plaintiffs must allege threatened actual injury resulting putatively illegal action federal may assume jurisdiction footnotes omitted example noted sierra club morton group bona fide special interest initiate litigation difficult perceive individual citizen bona fide special interest also entitled clear implication allowing individual citizen bona fide special interest trigger federal litigation result avoided standing cases even recent ones include references need particularized injury similar language none yet equated interest taxpayer citizen suing status alone particularized interest standing doctrine traditionally demanded take step appears render requirement direct immediate injury meaningless reduce consistent insistence injury mere talk baker carr may special claim sui generis status perhaps necessary response manifest distortion democratic principles practiced malapportioned legislatures abuses political system pervasive undermine democratic processes flast cohen may also reaction appeared time immutable political logjam included unsuccessful efforts confer specific statutory grants standing see wright law federal courts ed cf fortas concurring doctrine standing always reflected prudential well constitutional limitations indeed might said correct reading flast nexus test prudential limit given baker carr definition constitutional bare minima undoubtedly true example second test created association data processing service organizations camp whether interest sought protected complainant arguably within zone interests protected regulated statute constitutional guarantee question see also barrows jackson apart constitutional requirement developed complementary rule governance ordinarily precludes person challenging constitutionality state action invoking rights others see flast cohen harlan dissenting whatever may initial perception intent framers see supra settled rules required art iii judicially created overlays congress may strip away gunther dowling cases materials constitutional law ed congress objections public actions ameliorated congressional mandate specific statutory grants standing cases alleviate conditions make judicial forbearance part wisdom flast supra harlan dissenting omitted justice douglas dissenting affirm judgment appeals standing issue views expressed dissent schlesinger case post decided day citizen taxpayer raised question concerning incompatibility clause constitution bars person holding office member congress art cl action designed bring pentagon line constitutional requirement requiring drop reservists members congress present action involves art cl constitution provides money shall drawn treasury consequence appropriations made law regular statement account receipts expenditures public money shall published time time respondent present case claims right regular statement account receipts expenditures public moneys central intelligence agency appeals noted flast recognizes standing taxpayer challenge appropriations made face constitutional prohibition logically asks taxpayer make challenge unless knows money spent history shows curse government always venality secrecy one tempting coverups save regimes criticism appeals said framers constitution deemed fiscal information essential electorate exercise control representatives meet new responsibilities citizens republic mandated publication although stated general terms government receipts expenditures whatever ultimate scope extent obligation elimination generates sufficient adverse interest taxpayer ibid omitted difference great came accounting public money secrecy evil art cl aimed convention mason took initiative moving annual account public expenditures farrand records federal convention madison suggested time time thought requiring publication fixed intervals might lead publication indeed articles confederation punctual compliance often impossible practice ha ceased altogether maryland debates constitution mchenry said people give money know manner expended farrand supra virginia debates mason expressed belief matters might require secrecy ongoing diplomatic negotiations military operations conceive receipts expenditures public money ever concealed people affirmed right know expenditures money elliot debates federal constitution lee said clause must supposed mean common acceptation language short convenient periods neglect provision disobey pointed directions ibid madison added accounting time time insured accounts full satisfactory public sufficiently frequent madison thought provision went farther constitution state union perhaps world ibid new york livingston said representatives consider essential popularity gratify constituents full frequent statements public accounts doubt elliot supra history clause apparent framers inserted constitution give public knowledge way public funds expended one greater personal stake policing protective measure taxpayer indeed taxpayer may raise question may discretion release information first instance committed surveillance congress right citizenry information art cl enforced directly low cumbersome unresponsive electoral process one read constitutional history realize statement shock mason madison congress course discretion say power read clause constitution comes one two three agencies astounding issue present case art cl constitution permit congress withhold regular statement account respecting agency chooses respecting federal agencies purpose function clause perform construction electoral process already permits removal legislators reason allowing removal polls failure comply art cl effectively reduces clause nullity giving purpose sovereign nation people bureaucracy statement accounts public expenditures goes heart problem sovereignty taxpayers may ask rudimentary question sovereignty becomes empty symbol secret bureaucracy allowed run affairs resolution issue entrusted one coordinate branches government test political question baker carr question political textually demonstrable constitutional commitment issue coordinate political department ibid mandate runs congress agencies creates make regular statement account receipts expenditures public money beneficiary abundantly clear constitutional history public public intelligently know exercise franchise unless basic knowledge concerning least generality accounts every head government greater crisis confidence generated today decision consequences grave relegates secrecy vast operations government keeps public knowing secret plans concerning nation nations afoot fact result serious course make issue justiciable resolutions doubts ambiguities toward protecting individual stake integrity constitutional guarantees rather turning away without even chance heard affirm judgment livingston used proposed art cl combat idea new congress corrupt said part give state legislatures everything dear valuable give power congress may abused give revenue public treasures may squandered see capital check congress publish time time account receipts expenditures may compared together former year year exceed latter corruption detected people may use constitutional mode redress gentleman admits corruption take place immediately operations conducted long series steady system measures measures easily defeated even people unapprized defeated continual change members naturally takes place free governments arising disaffection inconstancy people changeable assembly entirely incapable conducting system mischief meet obstacles embarrassments every side elliot supra mr decisions flast cohen frothingham mellon throw little light question issue case unlike plaintiffs cases richardson bring action asking invalidate federal statute ground beyond delegated power congress enact contravened constitutional prohibition richardson claim entirely different order art cl constitution statement account clause gives right receive imposes government corresponding affirmative duty supply periodic report receipts expenditures public money support standing litigate claim asserted status taxpayer whether statement account clause imposes upon government affirmative duty supply information requested whether duty runs every taxpayer citizen questions go substantive merits litigation questions us think quite wrong holding respondent without standing raise trial seeking determination government owes duty supply information requested respondent position traditional hohfeldian plaintiff contends statement account clause gives right receive information burdens government correlative duty supply courts law exist resolution disputes party seeking judicial determination defendant owes affirmative duty seems clear standing litigate issue existence vel non duty shows defendant declined honor claim duty question involved payment sum money suppose agree plaintiff asserting duty standing litigate issue entitlement money upon showing paid see reason different result defendant government official asserted duty relates payment money disclosure items information duty relates particularized explicit performance asserted obligor payment money rendition specific items information necessity resort extended analysis flast nexus tests order find standing obligee circumstances duty running defendant plaintiff provides fully adequate assurance plaintiff seeking employ federal forum air generalized grievances conduct government allocation power federal system flast supra duty arose context contract private parties one suggest obligee barred courts seems asserted duty particularized palpable explicit courts regularly recognize private contexts make difference obligor government duty embodied organic law certainly scrap matter duty owed may many tanding denied simply many people suffer injury example freedom information act creates private cause action benefit persons requested certain records public agency whose request denied statute requires nothing request denial request predicate suit district provision purports create duty government agency involved make records covered statute available person correspondingly confers right person receive records subject published regulations regarding time place fees procedure analogy course clear correct case holding richardson lacks standing art iii litigate claim statement account clause imposes affirmative duty runs favor follow person whose request denied similarly lack standing art iii despite clear intent congress confer right action compel production information issue flast predecessor frothingham supra related solely standing federal taxpayer challenge allegedly unconstitutional exercises taxing spending power question cases circumstances federal taxpayer whose interest stemmed solely taxes paid treasury deemed personal stake interest impart necessary concrete adverseness litigation standing conferred taxpayer qua taxpayer consistent constitutional limitations article iii nexus criteria developed flast intended litmus test resolve conceivable standing questions federal courts response problem taxpayer standing challenge federal legislation enacted exercise taxing spending power congress richardson asserting taxing spending program exceeds congress delegated power violates constitutional limitation power indeed constitutional provision underlies claim purport limit power federal government respect according richardson simply imposes affirmative duty government respect taxpayers republic thus nexus analysis flast simply relevant standing question raised case also seems say case justiciable involves political question ante issue us question presented government petition certiorari respondent standing challenge provisions central intelligence agency act provide appropriations expenditures agency shall made public ground secrecy contravenes article section clause constitution issue justiciability respondent claim thus presented petition certiorari argued briefs oral argument response questions whether government asking rule justiciability respondent claim following colloquy occurred solicitor general bork think appeals correct political question issue resolved much effectively full merits case stage think standing really effectively discussed posture case disagree standing government agrees case go back district bork think correct merits presume government position statement account clause constitution impose affirmative duty upon duty event run richardson duty subject legislative qualifications one applicable question involved political thus justiciable richardson might ultimately thrown one grounds say might ultimately lose lawsuit certainly mean standing bring reasons expressed believe richardson standing bring action accordingly affirm judgment appeals money shall drawn treasury consequence appropriations made law regular statement account receipts expenditures public money shall published time time jaffe citizen litigant public actions ideological plaintiff rev see hohfeld fundamental legal conceptions applied judicial reasoning yale often indicated except extraordinary circumstances consider questions presented petition certiorari general talking pictures western electric national licorice nlrb irvine california opinion jackson mazer stein district dismissed complaint alternative grounds lack standing nonjusticiability thought question involved political one appeals reversed standing holding concluded justiciability issue intertwined merits await consideration merits district remand government brought case petition certiorari