edthecynic
Censored for Cynicism
- Oct 20, 2008
- 43,044
- 6,883
- 1,830
Any American who cares about his/her freedom should get behind this. We are all eligible to join in this class action law suit. At some point we will either have to stand up for our rights under the Constitution or submit to tyranny. It's time to stand and be counted. Will you?
Sen. Rand Paul to sue over NSA spying practices | Fox News
This is pure demagoguery on Rand's part. He waited until the matter is already headed to the Supreme Court. His "class action suit" would be entirely superfluous and would decide no new question that isn't already headed to the Supreme Court.
But... it's a great fundraising vehicle!
The solicitation, which asks for individuals names, email addresses and zip codes, also asks for a donation to help stop Big Brother from infringing on our Fourth Amendment freedoms.
Rand is leading from behind.
In case you haven't heard, Larry Klayman is already out in front on this issue, as well as the ACLU. They have done all the heavy lifting. You know...actually filing suits and battling in court, not just bloviating about maybe one day soon doing so.
Rand is drafting. Coasting on others' hard work for personal gain.
So go ahead and send him your money for this bogus "class action suit". You deserve to have him take it.
But if you really do give a serious fuck about this, send your money to Klayman or the ACLU. They are the ones spending real money on it, and will have to spend more in the months to come.
Here is what Rand Paul is going to do. He is going to take money from you rubes, then he will file a bogus suit (if he even bothers to actually do so) which will be immediately dismissed, then he will rant about the government trying to suppress the truth, then he will cry all the way to the bank with the big pile of money you sent him.
Send your money to Klayman and the ACLU. Rand Paul is a poser. A fake.
Exactly, as a member of Congress, he lacks STANDING to sue the government, and he knows it.
Congressional Standing to Sue: An Overview
Summary
Standing is a threshold procedural question which turns not on the merits of the
plaintiffs complaint but rather on whether he has a legal right to a judicial
determination of the issues he raises. The law of standing is a blend of constitutional
requirements and prudential considerations.
The constitutional component of standing is rooted in the separation of powers
doctrine, and in particular on the limitation of the federal judicial power granted by
Article III of the Constitution to cases and controversies. To satisfy
constitutional standing requirements, a plaintiff must allege a personal injury that is
fairly traceable to alleged unlawful conduct by the defendant and that is likely to be
redressed by the requested relief.
Raines v. Byrd, a 1997 case, was the first ruling of the Supreme Court on the
issue of the standing of Members of Congress when they assert an injury to their
institutional authority as legislators. The suit was filed by six Members of Congress
who had voted against the Line Item Veto Act against the Secretary of the Treasury
and the Director of the Office of Management and Budget, alleging that the act
unconstitutionally increased the Presidents power by authorizing him to cancel
certain spending and tax benefit measures after he signed them into law, without
complying with the requirements of bicameral passage and presentment to the
President. The Court held that the plaintiffs lacked standing, and thus the suit was
dismissed.