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Some Ask if Bailout Is Unconstitutional
New York Times ^ | January 16, 2009 | John Schwartz

Posted on 01/16/2009 10:37:19 AM PST by reaganaut1

While much of the debate over the $700 billion federal bailout plan has focused on whether the money is being spent wisely or well, concerns are growing among many conservatives about its constitutionality.

Some conservatives have argued that the law creating the program, the Emergency Economic Stabilization Act of 2008, which Congress passed hastily in October, violates constitutional principles that limit the amount of power that lawmakers can delegate to the executive branch.

They also maintain that the enormous bailout plan has illegally grown beyond its original focus on the financial services industry to include a bailout of the auto industry and more.

Robert A. Levy, the chairman of the Cato Institute, a libertarian organization in Washington, said in an interview that the bailout program, which goes by the acronym TARP for Troubled Assets Relief Program, goes beyond the realm of delegation the courts should allow. Mr. Levy said that earlier cases had found such delegation was appropriate if Congress laid down “an intelligible principle” that provided clear guidance to an agency or a regulator. But that, he said, is precisely what is missing in the bailout.

“There’s no intelligible principle that I could discern,” Mr. Levy said.

Now the FreedomWorks Foundation, which was founded in 1984 and declares itself to be “leading the fight for lower taxes, less government and more freedom,” says it plans to file a lawsuit against the program.

The group’s chairman is Dick Armey, the former Republican House majority leader. A memorandum the group distributed to Congress on Thursday laid out its argument that “when Congress delegates so much authority to the executive branch with so few rules to guide its discretion, Congress unconstitutionally transfers its lawmaking power to the executive.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: bailout; cato; dickarmey; freedomworks; tarp
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To: reaganaut1

Yes absolutly it is!!!!!


21 posted on 01/16/2009 11:13:23 AM PST by stockpirate (A people unwilling to use violent force to remain free deserves the despot they are ruled by.)
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To: reaganaut1

That it is unconstitutional is irrelevant. Our rulers are not even considering the constitutional issues involved. Not once have I heard or read that Bush, Paulson, Cheney, Hussein, Reid, Pelosi or anyone in a position of real power has even brought up the constitution as a serious matter for discussion in regards to the current expansion of government.

The only time our rulers invoke the constitution is when they think they can use it for political advantage. But this tactic is waning rapidly as our rulers have come to understand that the vast majority of the electorate either don’t understand what they are talking about or don’t care.

The constitution is now whatever our rulers say it is. It has no intrinsic meaning. Our rulers find rights where there are none and abrogate rights that are clearly stated in the document. We are now a nation ruled by caprice and political fad. This is a recipe for chaos and, eventually, tyranny and rebellion.

Hussein’s election is not the beginning of the end of the American experiment. It is the end of the end.


22 posted on 01/16/2009 11:17:54 AM PST by scory
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To: MileHi

Not sure what they used to further their sedition. What they do not realize is they are trying to herd cats !

Ain’t gonna work......


23 posted on 01/16/2009 11:18:57 AM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: An Old Man

Progressives think that there is a constitutional right to health care, jobs where you live, housing and food.


24 posted on 01/16/2009 11:20:36 AM PST by griswold3 (a good story is more compelling than the search for truth)
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To: reaganaut1

a really good article that sums up my feelings on the government deciding how to be charitable with my money.

http://notyourstogive.com/


25 posted on 01/16/2009 11:23:22 AM PST by robjna
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To: reaganaut1
We are no longer a nation of laws.

We have progressed regressed from our Constitutional Republic form of government to rule by a coterie of elites who govern by feeling and whim, ignoring the constitution and constitutional laws.

26 posted on 01/16/2009 11:24:00 AM PST by Iron Munro (Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself)
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To: griswold3
You might want to read this: The Duties of Government by: Kenneth Jupp, where you will find:

The prime duties of government are three. First, to protect the national territory; secondly to preserve peace within its boundaries; and thirdly to ensure that every family unit of the nation has space in the nation's territory for a home and a means of livelihood The first two of these duties arc recognised today, but are inadequately performed because of the neglect of the third. Any family which lacks a home and a livelihood must either perish, or be an incubus on the rest of society, supported by charity, as in former times, or as in modern times, by poor relief provided by the state and funded by the taxpayer.

27 posted on 01/16/2009 11:46:41 AM PST by An Old Man (Use it up, Wear it out, Make it do, or Do without.)
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To: reaganaut1
concerns are growing among many conservatives about its constitutionality.

Because only conservatives are concerned about The Constitution?

28 posted on 01/16/2009 11:48:47 AM PST by capydick ("History does not long entrust the care of freedom to the weak or the timid".)
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To: Squantos
The Govt gave 130 BILLION to Bank of America at Midnight. The govt doing business at Midnight has got to be unconstitutional.
29 posted on 01/16/2009 11:49:45 AM PST by Orange1998
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To: Orange1998

Of course, your correct.....a given !

Stay safe !


30 posted on 01/16/2009 11:54:00 AM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: reaganaut1

Nearly everything the Republican and Democratic party are doing now days are unConstitutional. That old paper doesn’t slow them down a bit.


31 posted on 01/16/2009 11:54:08 AM PST by FreeAtlanta (Join the Constitution Party)
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To: reaganaut1

Un-Constitutional? According to our left-leaning politicans no such concept exists on *their* end on the political spectrum. But on the right? Whoa! Everything there is un-Constitutional!


32 posted on 01/16/2009 11:54:28 AM PST by liberalism is suicide (Communism,fascism-no matter how you slice socialism, its still baloney)
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To: robjna
That is a terriffic story!

In my never ending quest to read to the end of the Internet, I found this little bit of trivia over at The LA Times I hope you like it.

The line that wants to be a headline: "I have always been committed to the principle that it is not the duty of government to bail out and reward those who act irresponsibly, whether they are big banks or small borrowers," he said.

Guess who said that!

33 posted on 01/16/2009 11:59:44 AM PST by An Old Man (Use it up, Wear it out, Make it do, or Do without.)
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To: reaganaut1
since they refuse to tell us who gets money and how much, yet demand the taxes from us... this behavior was known by the founders. it was called:

Taxation without Representation

34 posted on 01/16/2009 12:06:49 PM PST by sten
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To: An Old Man

‘an excluded class of families who are denied the opportunity to provide for themselves’

No one should be ‘denied’ opportunity based on abilities. Meaning someone earning $7K should have a home priced $350K.

‘But land can be paid for by those who occupy it’

There should be payment. Not something for nothing.

The difference being that the ‘progressives’ think their ‘rights’ should be given to them by the government for merely existing as an American citizen.


35 posted on 01/16/2009 12:08:06 PM PST by griswold3 (a good story is more compelling than the search for truth)
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To: reaganaut1

That sadly ceased to matter years ago.


36 posted on 01/16/2009 12:15:17 PM PST by SlapHappyPappy
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To: reaganaut1

Oh yes,, without any doubt. Under that old constitution, the one we used to use in the Beaver Cleaver days, it would have been completely forbidden!

That was a good constitution. I remember it warmly, We should use it again someday if we get a chance.


37 posted on 01/16/2009 12:19:48 PM PST by DesertRhino (Dogs earn the title of "man's best friend", Muslims hate dogs,,add that up.)
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To: Squantos

Wicker v Filburn took a long way towarn unlimited government. A great deal of sedition is couched as “pertaining to interstate commerce” such as laws regulating your 20 year old firearm that is not for sale.

BS needs to end.


38 posted on 01/16/2009 12:47:46 PM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: robjna

Thanks for sharing that. It was a good read. If only our elected officials held that same belief.


39 posted on 01/16/2009 1:43:26 PM PST by Marmolade
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To: MileHi

It will and again it will be the working man and woman that foots the bill !


40 posted on 01/16/2009 2:10:25 PM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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