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- Newsgroups: alt.conspiracy,talk.politics.misc,misc.legal
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!uchinews!ellis!thf2
- From: thf2@ellis.uchicago.edu (Ted Frank)
- Subject: Re: LBJ's anti-nepotism law (was: Hillary will not...)
- Message-ID: <1992Nov20.073620.22974@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago Computing Organizations
- References: <1992Nov19.192402.22116@cs.ucla.edu> <1992Nov19.232131.8881@midway.uchicago.edu> <1992Nov20.014525.853@cs.ucla.edu>
- Date: Fri, 20 Nov 1992 07:36:20 GMT
- Lines: 55
-
- In article <1992Nov20.014525.853@cs.ucla.edu> pierce@lanai.cs.ucla.edu (Brad Pierce) writes:
- >In article <1992Nov19.232131.8881@midway.uchicago.edu> thf2@midway.uchicago.edu writes:
- >>There are no such states to my knowledge. There are some states, such
- >>as Massachusetts, where the Supreme Court of the state may offer advisory
- >>opinions on pending legislation. One of these advisory opinions led Dukakis
- >>to make his now-infamous veto of the mandatory pledge of allegiance in
- >>the public schools.
- >
- >Why is his veto now "infamous"?
-
- Because it helped to keep him out of the White House.
-
- >>There's a good case to be made for not reviewing legislation until
- >>someone who is actually aggrieved by the legislation challenges it.
- >
- >Is there also a good case for passing and signing unconstitutional
- >legislation that
- >
- > (1) aggrieved parties are unlikely to dare challenge
- >or
- > (2) aggrieves only parties without the means to mount an effective
- > legal challenge?
- >
- >Why can't *any* US citizen challenge the constitutionality of a Federal
- >law?
-
- Here's why: Congress passes the world's strongest anti-pornography law.
- Jerry Falwell sues, claiming it's unconstitutional. He mounts a weak,
- weak case, and the law is declared constitutional, setting a precedent
- that aggrieved parties will have difficulty overturning.
-
- >If the "anti-nepotism" law is unconstitutional, then it arguably
- >aggrieves not only a USA President who wants to make full use of the
- >talents of a highly qualified relative, but also all those US citizens
- >who want the US Constitution to be the highest law of the land.
-
- The "cases and controversies" clause has been interpreted to mean that
- the Article III courts can only hear claims made by people whose rights
- are substantially affected. "Any US citizen" does not qualify, partially
- for this Constitutional standard, which in turn is partially based on the
- reasoning above.
-
- Yeah, perhaps there should be a provision of standing for someone
- barely aggrieved, but willing to mount a good faith challenge. But
- I'm not sure how to define the standard. The current standing provisions
- draw a clearer line at least, even if it creates situations where
- no one has standing.
-
- >Incidentally, has the War Powers Act ever been challenged?
-
- To my knowledge, not by anyone with standing.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-