Prudential Test

First, it must be determined if the members of Congress and the individual navy sailor have the standing needed to file suit. The issue of standing is covered by Article III, § 2 of the Constitution. There are two standing requirement tests: the constitutional test and the prudential test. (Lujan) The constitutional test requires the following for a party to have standing: 1) the party must have suffered injury-in-fact, (meaning it must be concrete and either actual or imminent), 2) there must be a causal connection between the injury and the conduct complained of which is fairly traceable to the challenged action of the defendant, and 3) the cause of action must be redressable. (Lujan) The prudential test for standing, which can be waived by Congress, 1) provides that litigants cannot assert the right of third parties, 2) the grievance cannot be a generalized one, and 3) the cause of action must within the zone of interest of the constitutional provision or statute. (Lujan) I believe it is clear under the constitutional test for standing that the sailor has the standing to necessary to file …show more content…
The Taxing Power is independent from the aforementioned Commerce Power and thus can be used to regulate activities outside of the realm of the Commerce Clause. (Baily) However, the primary motive of a tax must to obtain revenue; the regulation of conduct is only allowable as an incidental motive. (Baily) Whether an actions true nature is that of a tax or regulation is determined by an inquiry into the severity of the tax and the purpose or motive that the legislature had in passing the taxes. (Baily) In the case at bar, Congress may attempt to argue that the statute is a tax because it brings in revenue by fining those who disrespect the flag. This argument will be struck down because it is clear that the purpose of the fine was not to raise revenue but rather to regulate