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Supreme Court Rules Against Constitutional Restraints on Government June 29, 2007

Posted by federalist in Government.

Richard Epstein in today’s WSJ explains just how bad the Supreme Court’s decision was in Hein v. Freedom From Religion Foundation.  By ruling that taxpayers can’t challenge their government for overstepping its bounds they struck a heavy blow against key forces that would restrain government.

At stake is whether judicial review itself remains as a check on the political branches. Blocking taxpayer standing often leaves no one to challenge congressional or presidential actions as inconsistent with our basic constitutional design — allowing both branches to act in areas where they have no constitutional authority.



1. federalist - November 9, 2007

Thomas Jefferson said, “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

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