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PaperclipPerfector  2yr ago (text post)   36443 thread views

Culture War Roundup for the week of June 26, 2023

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I appreciate your sentiment on standing, but can’t help but think of the Public Citizens review. Is it right to empower everyone, all the time, with a pull-cord to halt the government?

…maybe, especially for hardline minarchists. But it’s not very practical, and it’s definitely not what the founders intended. Legal systems depend on skin in the game, and I’m not sure merely being a citizen is enough.

Well, the private law has it in derivative law suits so they manage.

I’m talking about ultra vires actions; not any action done by the government (of which the vast majority are clearly not ultra vires. I would cabin standing where the action at hand is not being challenged on ultra vires grounds but on the application therefore to real harms with real skin in the game; not the sierra club.

So I don’t think my view of standing fundamentally would overwhelm the court system but would shift what is brought.

As a second best, I would allow any congressmen to sue at any time on an ultra vires theory.

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