I have a question about filing a civil suit against congress?

I am not a constitutional lawyer and I suggest you consult with one in your area who may have more suggestions for you but here is some general information: Art I Sec. 8 claluse 1 provides Congress with the "power to lay and collect taxes . . .to pay the debts and provide for the common defense and general welfare of the United States." The General Welfare Clause is viewed as a limit on taxing and spending powers, not as an independent source of congressional power. See U.S. v. Butler, 297 U.S. 1 (1936) Members of Congress are protected against suit for "legislative acts" pursuant to Art. 1, Section 6, clause 1 also see U.S. v. Johnson, 383 U.S. 169 (1966) - however members can be sued or prosecuted for acts such as defamation or taking a bribe, among other things.

The issue you raise is one of constitutional law and it deals with whether you have standing to sue - standing requires that the person suing show an injury in fact (a direct and personal injury by the act complained of) and causation (that the injury is causally connected to the act and that the relief sought will prevent or redress the injury.) Taxpayers do not have standing to challenge congressional expenditures unless the taxpayer proves a nexus between the taxpayer and the claim sought to be adjudicated (Flast v. Cohen, 392 U.S. 83 (1968). Similar standing cases have not resulted in success on the taxpayer standing issue unless the taxpayer demonstrates a right to assert the rights of third parties not before the court such as a doctor suing to attack a state anticontraceptive statute or a beer vendor suing to assert the rights of males under the age of 21 against a law prohibiting the sale of alcohol to males under the drinking age but not females. Singleton v. Wulff, 428 U.S. 106 (1976), Craig v. Boren, 429 U.S. 190 (1976); also see Carey v. Population Services International, 431 U.S. 678 (1977).

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Contact a lawyer that can advise you, but not online. You should see a lawyer in your locale to fully discuss your situation.

Good luck to you.

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