(1) the plaintiff has suffered a concrete injury; (2) that injury is caused by the actions of the defendant; and (3) it must be likely that the injury will be redressed by a favorable decision

the fed gov cannot reg the states as states, but they can adopt gen regs that apply to states and private entities equally (ex. min. wage laws)

fed courts gen may not hear damages actions against states and their agencies (EXCEPTIONS:injunctions and money damages not from the treasury)

CC gives the fed gov the power to:
regulate the channels of interstate com;
regulate the instrumentalities of that com;
and reg activities that have a substantial ECONOMIC
effect on that com

if nondiscrim, but incidentally burdens interstate com, = BALANCING TEST: the action is invalid if the burden on interstate com outweighs the benefit to the state

equal protection under the laws

5th A prohibits gov from taking private prop for public use w/o just compensation

suspect class/fundamental rights: STRICT SCRUTINY and NECESSARY AND COMPELLING

gender/legitimacy = INTERMEDIATE scrutiny;
SUBSTANTIALLY AND IMPORTANT

ALL OTHERS: Rational basis, and the challenger must prove, NOT the gov