This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party.
This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
This report provides an overview of the major exceptions to the First Amendment--of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
This report discusses state and federal legislative power generally and focuses on a number of these "federalism" cases. The report discusses state and federal legislative power generally, and focuses on a number of these "federalism" cases.1 Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; limits on congressional powers, such as the Tenth Amendment; state sovereign immunity under the Eleventh Amendment; and grant condition imposed under the Spending Clause.
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