Legal Question in Constitutional Law in California

Suing the Federal Government

My original question was I am interested in a class action suit against the federal government for not fulfilling their duties and not fulfilling the wishes of their constituients and yet giving lobbiest everything and everything. They have failed us in foreign affairs and what I would like to do is file the largest class action against the governement with financial consequenses for adding pork to legislation and for think of themselves before the people they represent. I would like to send a message that we are not going to put up with it any more and we will be dipping into their wallets if they don't follow the law. I realize we have elections, but the election was so stolen in 2000 and again in 2004. Miss conduct run rampant and need to be stopped. The only way I see is court action with a threat to their financial well being and th graft will have to stop.


Asked on 10/27/08, 11:25 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Suing the Federal Government

Such a lawsuit will not succeed. You want the courts to tell Congress what it must and must not do, but such orders would violate the principle of separation of powers. Just as Congress can't tell judges how to decide particular cases or order them to change their judgments, courts can't order Congress to pass particular laws or to changes those it has already enacted.

Courts can rule that particular laws are unconstitutional, but there is no basis for them to hold senators and representatives liable for passing such laws. Your proposed lawsuit would be even weaker, since the earmark process is constitutional.

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Answered on 10/27/08, 2:12 pm


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