Massachusetts v. Mellon
Massachusetts v. Mellon | |
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Court membership | |
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Case opinion | |
Majority | Sutherland, joined by unanimous |
Overruled by | |
Flast v. Cohen (1968) (in part) |
Massachusetts v. Mellon, 262 U.S. 447 (1923), was a
We have no power per se to review and annul acts of Congress on the ground that they are unconstitutional. The question may be considered only when the justification for some direct injury suffered or threatened, presenting a justiciable issue, is made to rest upon such an act. ... The party who invokes the power must be able to show not only that the statute is invalid but that he has sustained or is immediately in danger of sustaining some direct injury as the result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.
This case is considered the beginning of the doctrine of standing. Prior to it the doctrine was that all persons had a right to pursue a private prosecution of a public right.[2]
The
References
External links
- Works related to Massachusetts v. Mellon at Wikisource
- Text of Massachusetts v. Mellon, 262 U.S. 447 (1923) is available from: Justia Library of Congress