Wednesday, January 30, 2013

United States v. Richardson case brief

United States v. Richardson Case Summary
418 U.S. 166, 94 S. Ct. 2940, 41 L. Ed. 2d 678, 1974
Constitutional Law

PROCEDURAL HISTORY: Petitioner, the United States, sought certiorari review of an order from the United States Court of Appeals for the Third Circuit, which found respondent taxpayer demonstrated standing to challenge the constitutionality of the Central Intelligence Agency Act of 1949.

-The Respondent taxpayer attempted to gather information from petitioner Government regarding detailed expenditures of the CIA.
-Respondent sought a declaration that the Central Intelligence Agency Act of 1949 (CIAA), was not constitutional because the CIAA violated the federal Constitution's requirement to report federal spending.
-The trial court granted a dismissal motion on the ground that the respondent lacked standing and that the issue was actually a political question.
-On appeal, the lower appellate court reversed the trial court's ruling.
-The appellate court held that the respondent met the two-tiered test for standing which required a logical link between the respondent's status as a taxpayer & the statute, as well as a nexus between respondent's status and a limitation on the taxing and spending power.


-On the Government's petition for certiorari review, the U.S. Supreme Court reversed the lower court's holding, stating that the respondent had failed to allege a direct injury and that he failed to challenge the taxing or spending power, thus, the respondent had no standing.
-The Respondent failed to show he suffered an injury that was  different from the one that he suffered by the public in general.

CONCLUSION: The Court reversed the lower appellate court's judgment.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...