Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Some ask if bailout is unconstitutional
International Herald Tribune ^ | 011709 | vg0va3

Posted on 01/17/2009 7:24:29 AM PST by vg0va3

While much of the debate over the $700 billion U.S. 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 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. 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," 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.

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


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: bailout; eesa; stimulus; tarp
Navigation: use the links below to view more comments.
first 1-2021-38 next last
NOW SOMEONE IS DOING SOMETHING! Let's Help.

Copy of Constitutional Infirmities of the Emergency Economic Stabilization Act of 2008 (“EESA”) A Legal Analysis from FreedomWorks Foundation Executive Summary http://www.freedomworks.org/tarp/policyanalysis.pdf

1 posted on 01/17/2009 7:24:29 AM PST by vg0va3
[ Post Reply | Private Reply | View Replies]

To: vg0va3

http://market-ticker.org/archives/705-Anyone-Swear-An-Oath-To-The-Constitution.html

get educated


2 posted on 01/17/2009 7:26:31 AM PST by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3
...concerns are growing among many conservatives about its constitutionality.

YA THINK????

3 posted on 01/17/2009 7:26:42 AM PST by rabscuttle385 ("If this be treason, then make the most of it!" —Patrick Henry)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3
Of course it is. That doesn't seem to be slowing them down one jot.

And exactly what do you plan on doing about it? voting them out of office? Maybe writing a strongly worded letter or email?

Yeah... that'll change things.

4 posted on 01/17/2009 7:28:02 AM PST by Dead Corpse (What would a free man do?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3
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.

Did anyone in the Roundheel Republicans question it when it was first proposed?

5 posted on 01/17/2009 7:30:13 AM PST by KarlInOhio (On 9/11 Israel mourned with us while the Palestinians danced in the streets. Who should we support?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3

Dodd: "As if we care."

6 posted on 01/17/2009 7:30:24 AM PST by Diogenesis
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3
Only semi facetious options for response:

1. The Constitution is a living document.

2. What's a Constitution?

7 posted on 01/17/2009 7:32:41 AM PST by Truth29
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3

And what are they going to do about it? No one will go to jail, no one will give the money back. Maybe it will prevent future stunts like this one, but who knows if the republic will be around long enough with this bunch in power.


8 posted on 01/17/2009 7:34:34 AM PST by b4its2late (Ignorance allows liberalism to prosper.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Diogenesis

That is a horrifying picture. It disgusts me that those are this nation’s leaders.


9 posted on 01/17/2009 7:34:40 AM PST by KansasGirl
[ Post Reply | Private Reply | To 6 | View Replies]

To: Diogenesis

I’m sure Dodd doesn’t care, but that is Bawney Fwank.


10 posted on 01/17/2009 7:37:27 AM PST by Yo-Yo
[ Post Reply | Private Reply | To 6 | View Replies]

To: KansasGirl

moral depravity, being applauded


11 posted on 01/17/2009 7:38:19 AM PST by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Diogenesis
Oh, wait! I see Dodd’s face peeking over Fwank’s shoulder.

Sowwy!

12 posted on 01/17/2009 7:38:31 AM PST by Yo-Yo
[ Post Reply | Private Reply | To 6 | View Replies]

To: vg0va3
Forget the WASTE in Congress. Fight the battle in the liberal areana...the courts. NOW SOMEONE IS DOING SOMETHING! Let's Help.
13 posted on 01/17/2009 7:38:47 AM PST by vg0va3 (I don't plan to quit the fight until it is finally over.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3
SECESSION.
14 posted on 01/17/2009 7:40:21 AM PST by TheZMan (Troll since 2004, apparently. http://www.southernnationalcongress.org/)
[ Post Reply | Private Reply | To 1 | View Replies]

To: vg0va3

I offer you this :

___________________________________________________________

As he disapproved of an attempt to appropriate $15,000 for French refugees. 4 Annals of Congress 179 (1794).

I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. . . . . . . James Madison, 1794
_________________________________________________________

( Nope, it ain’t in there )


15 posted on 01/17/2009 7:48:17 AM PST by Jeffrey_D.
[ Post Reply | Private Reply | To 1 | View Replies]

To: TheZMan
SECESSION.

Right on. And I want those SOBs not only out of work but in prison, especially Pelosi, Dodd, Frank, then I want INS criminal process started on the Kenyan illegal immigrant.

16 posted on 01/17/2009 7:49:02 AM PST by brushcop (We remember SSG Harrison Brown, PVT Andrew Simmons B CO 2/69 3ID KIA Iraq OIF IV)
[ Post Reply | Private Reply | To 14 | View Replies]

To: TheZMan

Careful with the “s” word, there are those here who will say you’re a traitor for suggesting such things. Of course, I think secession would be the best thing to preserve what was American.


17 posted on 01/17/2009 7:52:25 AM PST by swatbuznik
[ Post Reply | Private Reply | To 14 | View Replies]

To: KansasGirl

That’s part of the inherent problem, how we view them. They’re not supposed to be leaders. Republicans aren’t supposed to be leaders. They’re all supposed to be servants and stewards of the state, but we’ve long ago assigned them leadership status that they see themselves as being able to do anything they want, so long as it benefits themselves a long and profitable “career” in politics.

When people post photos of those democrats as relates to this “bailout”, they need to remember to post photos of the republican President who wanted it as much as the dems did. Not only has the majority of the country realized that they can vote themselves the wallets of their neighbors, but those people also run the gamut from poor to corporate officer. We saw with the car companies that all a CEO has to do is not lead his firm into black ink, but let the company free fall then run to his republican President afraid to see his “class” fail.


18 posted on 01/17/2009 7:57:26 AM PST by kenth (I got the brain cloudy blues.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: swatbuznik
"Careful with the “s” word, there are those here who will say you’re a traitor for suggesting such things. Of course, I think secession would be the best thing to preserve what was American."

If I wanted to secede from a constitutionally limited government, then yes, traitor might be applicable, etc.

As it is, the government is no longer the government that founded this country. The government has destroyed this populace such that 40%+ rely on the government for day to day survival and the other 59%- take it in the eye.

As such, shutting the spigot of welfare (in all its forms) will not be happening as our government fears what will happen when 100 million people find out they're going to have to work for a living. This results in a government willing to spend itself and its populace and its country into the ground for the sake of preserving the almighty government tit which frankly I'm tired of filling up so all the lazy bastards can get their fill.

It's happening right now and isn't going to turn around or be rescued or preserved. Any stopgap we implement is only furthering or delaying the pain, and in the end it won't matter anyway because you'll all still be owned by a financial system written to protect our so-called "leaders" while screwing all of you out of your livelihood.

So yes: SECESSION.
19 posted on 01/17/2009 8:01:33 AM PST by TheZMan (Troll since 2004, apparently. http://www.southernnationalcongress.org/)
[ Post Reply | Private Reply | To 17 | View Replies]

To: vg0va3

“Some ask if bailout is unconstitutional”

Stay tuned after the break when we tackle other tough questions like the Pope’s religion and where bears do their business.


20 posted on 01/17/2009 8:03:01 AM PST by Pessimist
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-38 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson