The Sovereign Dilemma: Benefits vs. Rights and the Ashwander Doctrine and Constitutional Estoppel

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In the American legal system, a fundamental distinction exists between benefits and rights—and understanding this distinction is critical if you aim to assert sovereign status or challenge government authority. At the heart of this issue lies the principle of constitutional estoppel, reinforced by the Ashwander Rules and long-standing doctrines in equity. Simply put: When you accept a government benefit, you forfeit certain rights, including the right to challenge the law that governs that benefit.