A Question for Libertarians

[Grammatron]

Hello Libertarians!

My question is simple; I keep hearing Libertarians speak about Constitutions of USA and how the government has done many things that go against it. Such as passing laws or taking action that are claimed to be unconstitutional. Now what I want to know is why doesn't the Libertarian party and/or its members sue the government on those grounds?

 

[shanek]

We tried it once (go to www.realcampaignreform.org for more info). It took over three years, cost over $200,000, we ended up being completely shut out from making our arguments orally from other plaintiffs (Republocrats) and had to file all of the arguments as briefs, and the court ultimately ruled against us even though the law in question (the BCRA, "McCain-Feingold") was clearly in direct violation of freedom of the press.

 

[Grammatron]

We tried it once (go to www.realcampaignreform.org for more info). It took over three years, cost over $200,000, we ended up being completely shut out from making our arguments orally from other plaintiffs (Republocrats) and had to file all of the arguments as briefs, and the court ultimately ruled against us even though the law in question (the BCRA, "McCain-Feingold") was clearly in direct violation of freedom of the press.

Why only once? It seems to be there are many more laws that you find just as illegal and although I realize litigation can by expensive -- are there no Libertarian lawyers who are willing to work pro bono? -- it seems like if you have a good argument for how things should be and you argue it enough times things will start going your way.

 

[shanek]

Why only once?

As I pointed out, because of money, time, and logistical limitations. This one was only pulled off because a lot of attorneys were willing to work pro bono and put in personal time on it. And even then, it met with opposition even from fellow plaintiffs. It's just something that's really, really hard and really, really expensive to do.

 

[Rouser2]

Hello Libertarians!

My question is simple; I keep hearing Libertarians speak about Constitutions of USA and how the government has done many things that go against it. Such as passing laws or taking action that are claimed to be unconstitutional. Now what I want to know is why doesn't the Libertarian party and/or its members sue the government on those grounds?

You cannot "sue" the Federal Government unless it gives you permission to do so. You can bring alleged constitutional issues to court, but in nearly every case, they are simply denied or ignored. The United States has drifted from its foundation as a government of laws and not of men to a government of men -- the Supeme Law be damned.

-- Rouser

 

[Jocko]

As I pointed out, because of money, time, and logistical limitations. This one was only pulled off because a lot of attorneys were willing to work pro bono and put in personal time on it. And even then, it met with opposition even from fellow plaintiffs. It's just something that's really, really hard and really, really expensive to do.

Hell, if a 200 G bill is enough to make you guys flinch, why do you even bother running for office? Even a modest congressional campaign would cost 4-5 times that.

If there's an avenue through the courts, I'd say screw the also-ran candidates and sock away the money till I had viable lawsuit. Have you ever considered trying that?