Standing: powers reserved to States: she entered a
conditional guilty plea, reserving the right to appeal the ruling on the
statute’s validity; Bond has standing to challenge the federal statute on
grounds that the measure interferes with the powers reserved to States; federalism
has more than one dynamic. In allocating powers between the States and National
Government, federalism “ ‘secures to citizens the liberties that derive from
the diffusion of sovereign power,’ ” New York v. United States,
505 U. S. 144, 181. It enables States to enact positive law in response to the
initiative of those who seek a voice in shaping the destiny of their own times,
and it protects the liberty of all persons within a State by ensuring that law
enacted in excess of delegated governmental power cannot direct or control
their actions. See Gregory v. Ashcroft, 501 U. S. 452, 458. Federalism’s
limitations are not therefore a matter of rights belonging only to the States.
In a proper case, a litigant may challenge a law as enacted in contravention of
federalism, just as injured individuals may challenge actions that transgress, e.g.,
separation-of-powers limitations, see, e.g., INS v. Chadha,
462 U. S. 919. The claim need not depend on the vicarious assertion of a
State’s constitutional interests, even if those interests are also implicated; the
Government errs in contending that Bond should be permitted to assert only that
Congress could not enact the challenged statute under its enumerated powers but
that standing should be denied if she argues that the statute interferes with
state sovereignty (U.S.S.Ct., 16.06.11, Bond v. U.S., J. Kennedy).
Showing posts with label Separation-of-powers limitations. Show all posts
Showing posts with label Separation-of-powers limitations. Show all posts
Thursday, June 16, 2011
Bond v. U.S.
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