Second, as the court emphasized, the parties and the government did not disagree that standing is necessary when the intervenor seeks different relief. But they did disagree about whether the standing inquiry must be resolved at the threshold in every case or only at the point in the litigation when it becomes clear that the intervenor is bringing a different claim or seeking different relief. They also disagreed about the relationship between Article III standing and the standard for intervention under Rule 24 of the Federal Rules of Civil Procedure – ., whether an intervenor could satisfy Rule 24(a) if it did not have standing. The court did not discuss or resolve either point. But given an intervenor’s need to show what it wants to do as intervenor, either in its motion to intervene or in its pleadings, courts should be able to determine early on whether a standing inquiry is needed.
So I would argue, in the spirit of Thomas Jefferson and George Washington, that while The Federalist Papers are among the best essays ever written on representative government, they would not be as good as they are, or as many essays as there are, if it were not for the persistent critique of the Antifederalists who helped define the American conversation over what should government do, which level of government should do it, and which branch of that level of government should do it. Those questions are what the Essential Antifederalists bring to the conversation.