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Bailout Boundary Dispute (The Emergency Economic Stabilization Act is unconstitutional)
RealClearPolitics ^ | 3/28/2009 | George Will

Posted on 3/29/2009, 5:47:30 PM by mojito

It is high time Americans heard an argument that might turn a vague national uneasiness into a vivid awareness of something going very wrong. The argument is that the Emergency Economic Stabilization Act of 2008 (EESA) is unconstitutional.

By enacting it, Congress did not in any meaningful sense make a law. Rather, it made executive branch officials into legislators. Congress said to the executive branch, in effect: "Here is $700 billion. You say you will use some of it to buy up banks' 'troubled assets.' But if you prefer to do anything else with the money -- even, say, subsidize automobile companies -- well, whatever."

FreedomWorks, a Washington-based libertarian advocacy organization, argues that EESA violates "the nondelegation doctrine." Although the text does not spell it out, the Constitution's logic and structure -- particularly the separation of powers -- imply limits on the size and kind of discretion that Congress may confer on the executive branch.

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


TOPICS: Business/Economy; Constitution/Conservatism; Editorial; Government
KEYWORDS: bailout; eesa; freedomworks; georgewill; nondelegation; unconstitutional
Geithner's PPIP announced last week is also unconstitutional, as it grants the Treasury and the FDIC unlimited spending authority that has not been authorized by Congress.
1 posted on 3/29/2009, 5:47:31 PM by mojito
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To: mojito

Bookmark


2 posted on 3/29/2009, 5:50:35 PM by djsherin (Government is essentially the negation of liberty.)
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To: mojito

So....do we have any attorneys filing suits????


3 posted on 3/29/2009, 5:58:26 PM by goodnesswins (Conservative and fighting for freedom and liberty....whether you like it or not.)
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To: goodnesswins
Since when did George Will care about an act of Congress being un-Constitutional?

I don't remember him saying anything similar about the Clinton AWB. Do you?

L

4 posted on 3/29/2009, 6:00:33 PM by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Lurker

No one seemed to care about the retroactive tax that were in the gargantuan Clinton tax increases.


5 posted on 3/29/2009, 6:17:51 PM by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: mojito

This is the Schechter Poultry v. U.S. case all over again. In that case, the Supreme Court overturned the National Industrial Recovery Act, it part because of a delegation of legislative power to the executive.


6 posted on 3/29/2009, 6:58:26 PM by popdonnelly (The biggest crimes in history were committed by governments. You've been warned.)
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To: goodnesswins
So....do we have any attorneys filing suits????

My question exactly! It seems that Republicans are busy playing politics as usual, i.e. worrying about the next election, instead of addressing the critical issues like this one.

7 posted on 3/29/2009, 9:55:02 PM by Kenny
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