THE ACCURATE RELOADING POLITICAL CRATER


Moderators: DRG
Go
New
Find
Notify
Tools
Reply
  
hey lawyers - can you explain the word and concept Login/Join 
Moderator
Picture of jeffeosso
posted
"standing" --

as in STATE ag's have NO standing within the constitution over the internal processes of executive branch

https://www.foxnews.com/politi...asury-payment-system


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 42793 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
One of Us
posted Hide Post
Do you want me to explain standing as a legal concept?

Also, the S. Ct., has waived standing as it sees fit.
 
Posts: 14750 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
One of Us
posted Hide Post
Here read this:

https://scholarship.law.unc.ed...faculty_publications

Note, the first half outlines the expansion of the Federal Executive’s power over the decades.

I also disagree that Texas v United States left the question of standing unresolved. The issue being their U.S. that a state cannot take for itself power vested in the Constitution to the exclusive preview of the Federal government. However, the article is eluding to the concurrences mst not actually make a majority as it relates to the standing issue (procedural) vs Federalism (substantive).

The discussion of standing starts in depth at page 8.

Also, the first quarter underscores why everyone needs to read the Jackson concurrence in Youngstown Steel.
 
Posts: 14750 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
Moderator
Picture of jeffeosso
posted Hide Post
just the basics of you have to have standing to place a case - that is, one can't "file a case" into which where one is not a legal party -

bonus points if you can explain how States have NO STANDING in an internal Article II action


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 42793 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
One of Us
posted Hide Post
Except if you read the case provided to you through the law review article, the AG’s appear to have standing. The Fix News taking head is wrong.


What standing is, is skin off the knuckles.

Money at risk will always get you standing.

When states are to lose funding bc of the Feds Executive’s actions, the state is going to have standing. The AG would be acting on behalf of the state.


The issue of standing is courts do not offer advisory opinions. The courts can only resolve controversies. Standing is the mechanism to ensure a controversy is at play. When Fed action cost the state funding. The state through the AG is going to have standing.

One can always file a case. Standing is a legal issue. Meaning the courts decide if Standing is present based on caselaw. A statute can grant standing as well.

The point is courts will decide it. If the Federal Executive has taken action that cost the states money. The states through their AGs, are well supported by caselaw to have Standing.

Different issue, but go read Youngstown Steel, and one must read Jackson’s concurrence in that case. That case is one of the most important in our federal common law that sets the game between Congress, the President, and how courts are suppose to analysis close questions between the two. The case demonstrates how checks and balances work.


Fox’s people see are purposeful misframing the question for you. The issue is not, Whether the AGs have standing. The issue is whether the states, by and through their AFs, have standing. The basic answer is, it depends on the individual claims.
 
Posts: 14750 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
One of Us
Picture of MJines
posted Hide Post
. . . Joshua, seriously why waste your time. There are plenty of more productive things to do, like watching paint peel.


Mike
 
Posts: 22739 | Registered: 03 January 2006Reply With Quote
Moderator
Picture of jeffeosso
posted Hide Post
thanks for confirming the "skin" part -
so, i can see where they may have standing, in the event of stopping payments -

but stopping an internal process inside the Executive doesn't seem correct to me

still wondering, but thanks


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 42793 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
One of Us
posted Hide Post
As much standing as Texas trying to enforce Federal immigration law.
 
Posts: 14750 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
Moderator
Picture of jeffeosso
posted Hide Post
quote:
Originally posted by LHeym500:
As much standing as Texas trying to enforce Federal immigration law.


Ah, but Texas only fought to their right to control actions within the state.... that why we won


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 42793 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
One of Us
posted Hide Post
Nope, they fought to enforce immigration policy which the Constitution gives to only the Federal government. You know Federalism.

Again, the states are going to have standing to sue the Federal Executive when the Federal Executive takes money Congress has approved of to those states. Unless the S. Ct., changes the law. Of Trump and Co were smart they would have Congress pass legislation killing off the spending programs they have tried to freeze, stop.

The problem there is, Trump and Co, don’t have the votes.
 
Posts: 14750 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
Moderator
Picture of jeffeosso
posted Hide Post
So, by this reasoning, drug bust by anyone but the dea should be blocked?

https://www.12news.com/article...e5-915d-5a041edc4933


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 42793 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
  Powered by Social Strata  
 


Copyright December 1997-2025 Accuratereloading.com


Visit our on-line store for AR Memorabilia