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love mks the world a safer place
Do you believe that we should have the right to sue the government?
we were discussing this in Law class and i want to know how others feel. for things like not agreeing how your taxpaying dollars are being used. like the Stimulus package.



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2009-02-13 17:51:32 +0000
We do have the "right" to sue the government. It is called the right to petition outlined in the First Amendment. The Supreme Court has upheld this ideal in such cases as BE&K Construction Co. v. NLRB.
"Congress shall make no law.....abridging the .....the right of the people ......to petition the government for a redress of grievances."

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2009-02-13 17:38:53 +0000
Well, using your example, I don't think a lawsuit would be effective. What would be the argument? That the stimulus package is unconstitutional? It doesn't work. If we don't like what our elected officials are doing, then we vote them out.

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2009-02-13 17:43:44 +0000
In that case NO. There area things that we should have the right to sue the Govt over, and that's why we have that right. Now if we don't like how our Govt spends our money too bad. Can you sue a Union because you don't like how Union dues are spent? Do you think you should have that right? Think of the Govt as a giant Union. Then again maybe that's why I'm not a fan of the Govt, but that's another topic. Anyway the Govt is basically that Union leader that picks how funds, Union dues, would best be spent. So they are spending money the way they feel is best for the Union.

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2009-02-13 17:41:42 +0000
I agree with Cecilia M. If we allowed lawsuits against government, that would open the floodgates. Government would be inundated with suits and would get even less done than it does now. The best check we have on their behavior is the power to vote them out of office every few years.

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2009-02-13 17:45:20 +0000
People sue the government every day. Every time a government car and a civilian car are in an accident, there is a lawsuit. The tax court exists for the sole purpose of suing the federal government. If you are suggesting that either juries or courts should be in the position of dictating how tax money should be spent, I think that is unwise as it would make governing impossible as one jury could read a conclusion contrary to the next jury. The judiciary should not try to take over the legislative branch and the legislative branch should not try to run the judiciary.

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2009-02-13 17:45:50 +0000
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Taxpayer lawsuits have almost invariably been dismissed by the courts for lack of standing on the part of the individual(s) bringing the suit. In order to bring a suit you must be able to prove a distinct concrete injury that is different from the rest of the population. As to the Stimulus package, the only real problem I have with it is any $ going as tax breaks to the wealthy, buying toxic assets from the banks or any bonuses( they're calling them awards now so they can testify they're not receiving bonuses) to corporate officers ,. Its not what i want my tax money being used for.

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2009-02-13 17:41:57 +0000
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well in the case of the stimulus, no. But for other things yes. Like unfair trail or treatment, or unconstitutional actions

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2009-02-13 18:08:09 +0000
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Suing the government about the stimulus?

Well there would be no need seeing is how the government is made up of freely elected people to represent us. The way you sue the government is to vote during elections and vote them out of office if you feel that they are not doing what it is that you want to happen

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2009-02-13 17:43:36 +0000
We have the right to sue our government if our government is violating our rights or if government is refusing to do its job. If the way your tax monies is being used is a violation of your rights, then sue. If your local police department is refusing to enforce a law, then sue.

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