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Old 06-25-2013, 03:34 PM  
_Richard_
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Join Date: Oct 2006
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Quote:
Originally Posted by Joe Obenberger View Post
King, that's just not how it works. Lawyers don't get a roving commission to contest every part of the law. It depends on aggrieved clients who want to challenge something that affects them. To challenge a law, you must have "standing", which means a concrete connection to the provision you are challenging. When taxpayers attempted to challenge that part of the income tax that funded the Vietnam War, they were thrown out of court. Without that connection, you cannot stay in court. It must be a very particularized connection. In some historic cases, the Supreme Court has held that only Congress itself has standing to challenge some executive orders. There is no system by which each and every law gets routinely strutinized by some panel of lawyers and gets challenged in court. No, the passage of time really doesn't have anything to do with it. It's a very tiny part of the statutes that have ever been brought to court for a determination of validity.
are you referring to 'United States v. Malinowski'?
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