If the federal government gives money directly to a religious school or organization in a manner that clearly violates the Establishment Clause of the First Amendment, can anyone sue to stop it? The answer should be obvious: any taxpayer should be able to sue to prevent his or her tax dollars from being used in a manner that is an unconstitutional establishment of religion.
Unfortunately, President Bush and the religious right disagree.
On Wednesday, February 28, the Supreme Court heard arguments in Hein v Freedom from Religion Foundation, a case that threatens to make the federal government completely immune from challenges when it spends money to support religion.
In a 1968 court case, Flast v Cohen, the Supreme Court recognized an exception to the usual rule that a person cannot sue as a taxpayer to stop the spending of money that violates the Constitution. In that case, the Court said that the Establishment Clause of the First Amendment was meant to be a limit on Congress's taxing and spending power and that therefore taxpayers do have standing to enforce its commands.
Hein v Freedom from Religion Foundation is a challenge to the Bush administration's unprecedented attempt to funnel money to religious entities providing social services. In his first days as President, George W. Bush created an Office of Faith Based and Community Initiatives for the purpose of giving money to religious institutions. The question is whether a taxpayer can bring a challenge to this as violating the Establishment Clause.
2007-03-06
06:08:49
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3 answers
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asked by
Gorgeoustxwoman2013
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