Hein v. Freedom From Religion Foundation
Case Date: 11/04/2025
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Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007), was a decision by the United States Supreme Court which ruled that taxpayers do not have the right to challenge the constitutionality of expenditures by the executive branch of the government.
At question was whether taxpayers have the right to challenge the existence of the White House Office of Faith-Based and Community Initiatives.[1] The case centered on three Supreme Court precedents: Flast v. Cohen, 392 U.S. 83 (1968), Bowen v. Kendrick, 487 U.S. 589 (1988), and Valley Forge Christian College v. Americans United for Separation of Church & State, 454 U.S. 464 (1982).
Throughout both this case and the precedent setting cases it cited, James Madison's 1785 document Memorial and Remonstrance Against Religious Assessments was cited.[1] In particular the quote:
"Because it is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens, and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it. Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? that the same authority which can force a citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever?"[2]
In a 5-4 vote the Supreme Court ruled that the Foundation did not have standing to sue and ordered the Appeals court finding reversed.
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