Part-Time Pundit: Ending Corporate Welfare

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August 3, 2006

Ending Corporate Welfare

The ACLU is indignant that there are members of Congress pushing to pass a law that would bar awards of attorney fees when groups sue to get religion out of the public square. These award of legal fees are very directly responsible to a vast increase in the body of law that has gone so far to protect against the appearances of government endorsement of religion, that even private individuals have been sanctioned for daring to utter the unutterable name of Jesus Christ in public.

It has been the ACLU's influence that not only is the government (rightly) prevented from taking sides on the matter of religion, but when private individuals happen to be speaking on government property, the First Amendment is brought to bear against them. It is unthinkable in the highest degree that the Founders or anything in the Constitution intended to restrict the free expression rights of citizens. The First Amendment was designed to create institutional separation between the agencies of government and the houses of religion, not to be a pre-regulated restriction on what private people can or cannot say.

The ACLU has used attorney fees to bully schools into submission in questionable cases or in matters where no settled law exists. School budgets are already tight (mostly because of bloated bureaucracy, but that's not the point). Many schools will capitulate to avoid having to fork out money to defend a winning case. As in most areas of law, he who has the most money wins. With the award of legal fees, it only encourages entrepreneurial lawyers to build cases where none may exist. It also prevents the ACLU from browbeating agencies into avoiding situations where those agencies may be right.

However, the money schools have is not their own. The money sitting in government accounts is not their own. They are merely stewards of assets they have been given to perform tasks they have been assigned. Their masters are the citizens who fund those organizations and who elect their leaders.

There is something profoundly wrong when, because of the actions of a politician, the entire society that funds that politician's organization is made to pay. There is much talk about making politicians and bureaucrats accountable, awarding legal fees for cases like this don't make the politicians accountable, it makes society accountable. It is irresponsible in the extreme to make other people pay for someone's "bad" actions. I'd prefer courts punish those people who are actually doing the deeds, not finding someone who has big enough pockets and make them pay, no matter how peripheral they may be. We'll throw them out of office the next election if the case warrants it.

Preventing the default award of legal fees makes good economic sense and it is good policy. The First Amendment is a simple area of constitutional law that does not, nor should not, take millions of dollars to litigate. It is about time this case of corporate welfare comes to an end.

Posted by John Bambenek at August 3, 2006 1:27 PM