Unformatted text preview: Flast v. Cohen (1968 ) Facts: In 1965 Congress passed the Elementary and Secondary Education Act of 1965 which provided funding for instructional materials and purchase of textbooks for religious schools. Florance Flast held that the Act violated the 1 st Amendment’s ban on the establishment of religion and guarantee for the free exercise of religion. In New York Flast filed suit to enjoin Wilbur Cohen, the secretary of Health and Education, and Welfare from the spending of funds authorized for religious schools. Issue: Generally, does a taxpayer have standing to sue the federal government over the appropriations of taxpayer monies? Specifically, does Flast have standing to bring this suit against Cohen? Rule: To gain standing in challenging appropriation of federal monies as a taxpayer, one must show that the legislation that appropriated taxpayer money is unconstitutional and that one has sustained a direct injury as the result of its enforcement, and not just that one has suffered in...
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- Fall '07
- Government, Standing, Frothingham v. Mellon