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eBook details

• Title: No Taxation Without Separation: The Supreme Court Passes on an Opportunity to End Establishment Clause Exceptionalism: Hein V. Freedom from Religion Foundation, Inc.
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 311 KB

Description

The Supreme Court generally denies plaintiffs standing to challenge the constitutionality of government expenditures if their only basis for standing is that they pay taxes. (1) The Court, however, has created one exception: for taxpayers challenging alleged Establishment Clause violations. (2) This Establishment Clause exception has been criticized, challenged, and narrowed by subsequent cases but never overruled. (3) Last Term, the Court passed on yet another opportunity to overturn the maligned taxpayer standing exception. In Hein v. Freedom From Religion Foundation, Inc., (4) a plurality of the Supreme Court held that federal taxpayers lacked standing to challenge conferences and speeches that promoted the Faith-Based and Community Initiatives, a program created by executive order and funded through general executive branch appropriations. (5) Although Hein denied the plaintiffs standing, the plurality implicitly accepted and perpetuated the premise of the misguided precedents recognizing taxpayer standing: that the nature of the claim can compensate for a plaintiff's otherwise inadequate standing position. In 2001, President Bush issued executive orders creating the White House Office of Faith-Based and Community Initiatives and Executive Department Centers for Faith-Based and Community Initiatives within several federal agencies and departments. (6) The White House Office and Executive Department Centers were "'created entirely within the executive branch ... by Presidential executive order.'" (7) No congressional legislation authorized their creation, and no law specifically appropriated any money for their activities; the White House Office and Executive Department Centers were "funded [entirely] through general Executive Branch appropriations." (8)

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