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A Rescue That Overreached? (Was Obama's auto rescue constitutional?)
Washington Post ^ | 6/13/2009 | Charles Lane

Posted on 06/13/2009 11:36:54 AM PDT by SeekAndFind

Nationalizing General Motors, and part of Chrysler, may or may not turn out to be a good deal for the taxpayers. I have a different concern, though: Was it constitutional?

With hundreds of thousands of jobs on the line, this may seem a churlish question. Then again, the temptation to bend the rules of democracy is always greatest in a crisis. It wasn't so long ago that a president claimed the power to do all sorts of questionable things -- from waterboarding to electronic surveillance -- because the country faced a crisis.

Bailing out Detroit is not in the same category, morally, as torture. Still, a presidential decision to federalize a vast sector of the U.S. economy affects the country's vital interests and, potentially, the rights of its citizens. Such an extraordinary measure should rest on the firmest possible foundation of democratic legitimacy. Does President Obama's rescue of GM and Chrysler meet the test?

The classic statement on such matters comes from Supreme Court Justice Robert H. Jackson's opinion in a case about another crisis-driven assertion of executive power: President Harry S. Truman's seizure of steel mills in 1952. Truman wanted to prevent a strike during the Korean War; the court blocked him. ad_icon

In Jackson's analysis, the president's power is at its "maximum" when he "acts pursuant to an express or implied authorization of Congress." The Obama administration argues that it has such authority today, under the Emergency Economic Stabilization Act of Oct. 3, 2008. This law established the $700 billion Troubled Assets Relief Program (TARP), the source of the $30 billion the Obama administration pumped into GM as well as the $8 billion it has committed to Chrysler.

The only problem is that the law doesn't give "express" authority to buy a car company.

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


TOPICS: Business/Economy; Constitution/Conservatism; Editorial; Front Page News; Government
KEYWORDS: 111th; agenda; automakers; bailout; bailouts; bho44; chrysler; communism; constitution; corruption; democrats; economy; gm; obama; socialists
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To: Ken H
Wickard v Filburn was constitutional nonsense. It stands to this day.

Prior to W v. F, associate Justice of the Supreme Court James McReynolds remarked in 1935 that FDR was “Nero at his worst. As for the Constitution, it does not seem too much to say that it is gone.”

21 posted on 06/13/2009 1:28:19 PM PDT by Jacquerie ("He has . . . sent hither Swarms of Officers to harass our People, and eat out their Substance.)
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To: SeekAndFind

and why would that matters to these clowns


22 posted on 06/13/2009 1:31:02 PM PDT by peace with honor
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To: SeekAndFind
In Jackson's analysis, the president's power is at its "maximum" when he "acts pursuant to an express or implied authorization of Congress." The Obama administration argues that it has such authority today,

...If we all ignore that Congress explicitly voted down a bailout of the auto industry, a few hours before Bush did the "too big to fail" speech and wrote a check anyway.

23 posted on 06/13/2009 1:32:48 PM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Texas Fossil

Exactly and I would say illegal as hell.


24 posted on 06/13/2009 1:40:57 PM PDT by freekitty (Give me back my conservative vote.)
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To: All

.
.

A Million Man March on Washington is being organized!

Join Dr. Orly Taitz at the Million Man March Sept.12-13

Anti-Obama organizations are being united at Freedoms First
http://www.freedomsfirst.org/
for a ‘million man’ march on Washington. http://www.resistnet.com/ is joining with a reported half a million sign up already!

The permit is secured- AND ALREADY almost A MILLION AMERICANS HAVE SIGNED UP!

This is the only way we will ever get the attention of our elected officials, the MSM and the masses- protest!

From the FreedomsFirst website:

We are moving forward on our rally in Washington D C.
We are working non stop in preparations for this historical event to be held Sept 12-13 2009 at the Lincoln Memorial Reflections pool in front of the Lincoln Memorial.
As for the time, The million man march that took place a few years age took over 2 years to organize, we are trying to push this through as fast as we can.
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We called ahead of filing for these things. September 12 &13 were the next available days they had.
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To have a successful march takes time and organization.

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1. To get the attention of the mainstream media.
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5. To demand that they can not take our constitutional rights away.

PRESIDENT OBAMA, WE DEMAND THAT YOU BE TRANSPARENT NOW
We will come together in a peaceful rally.
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WE DEMAND THE TRANSPARENCY HE PROMISED !!!!!!!!
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Entertainment will be provided.
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We are working to secure Alan Keyes, Rev. Manning and Chuck Norris as star speakers.

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Please take the time to sign up so we have an idea of how many people we have attending and to get update emails so you know what to do, where to meet, where to park and what is happening, etc.

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THANK YOU WITH OUR HEARTS FOR YOUR SUPPORT AND YOUR COMMITMENT FOR THIS GREAT
EVENT!!!!!!!!
__________________________________________________

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.


25 posted on 06/13/2009 1:47:04 PM PDT by patriot08
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To: SeekAndFind

Doesn’t matter, he won.


26 posted on 06/13/2009 1:47:57 PM PDT by The Good Doctor (Democracy is the only system where you can vote for a tax that you can avoid the obligation to pay.)
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To: SeekAndFind

The WaPo actually asked this question?

Wonders never cease.


27 posted on 06/13/2009 2:22:52 PM PDT by HighlyOpinionated (Sarah Palin and Michele Bachmann in 2012. With Liz Cheney as Secretary of State.)
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To: SeekAndFind

I’ll never buy another American car again. I own an Expedition that I was planning to sell to buy a new truck. I’ll probably go w/ a Toyota or Nissan. No UAW contributions in the purchase price of those vehicles.

I’d rather buy American (I love my Expedition), it’s just that I do not want one penny of my money to go to the UAW.


28 posted on 06/13/2009 2:24:34 PM PDT by Constitutional Patriot (Socialism is the cancer of humanity.)
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Comment #29 Removed by Moderator

To: The Good Doctor

“Doesn’t matter, he won.”

Isn’t it funny how when we had both chambers and the oval office we were told that we had to reach-out to the other side...compromise...b/c there were a lot of Americans who did not vote for republicans....

I say we vote these marxist maggots out, elect die hard conservatives, undo everything that the marxist maggots have done in the last 80 years, and tell all the whining idiots in the press to STFU because “we won”.


30 posted on 06/13/2009 2:35:11 PM PDT by Constitutional Patriot (Socialism is the cancer of humanity.)
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Comment #31 Removed by Moderator

To: bradactor

“Interesting that this is in the Washington Post. Sounds like more cracks in the Obama administration are beginning to arise.”

Yup. Wait till the Tarp money and the Fed get audited and we see how many cronies were paid off, I think that’s when it all its the fan. Hopefully just before the healthcare fiasco crashes and burns.


32 posted on 06/13/2009 2:42:22 PM PDT by FastCoyote (I am intolerant of the intolerable.)
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To: SeekAndFind

Hell no it’s not and he couldn’t care less about the Constitution and neither does the SCOTUS. Our entire government is a joke now. ALL BRANCHES.


33 posted on 06/13/2009 3:02:29 PM PDT by mojitojoe (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: Jacquerie; SeekAndFind
Here are three brilliant opinions by Justice Clarence Thomas on the original understanding of the Commerce Clause, and why Wickard is in error:

Raich v Gonzales, 2005:

http://www.law.cornell.edu/supct/html/03-1454.ZD1.html

____________________________________

United States v. Lopez, 1995:

http://www.law.cornell.edu/supct/html/93-1260.ZC1.html

____________________________________

United States v. Morrison, 2000:

http://www.law.cornell.edu/supct/html/99-5.ZC.html

34 posted on 06/13/2009 3:07:42 PM PDT by Ken H
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To: Jagman
While many people can be condemned for propping up Obama, the person that I think garners the most blame has to be 7 of 9. If she had only rubbed the Ferengi’s ears as Senator Ryan had requested...

Yes, I often wonder about that...how did the divorce records become public knowledge anyway?
35 posted on 06/13/2009 3:21:11 PM PDT by fifthestate
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To: Ken H
Thanks for the links! I read them all.

Clarence Thomas is a jewel. Laymen can read his opinions.

I can get myself choked up thinking how different our country would be if we actually had Constitutional jurists manning our courts these past 70 years.

Whatever you do, do not read Amity Shales’ “The Forgotten Man.” I give credit to FDR for leading us through WWII but will never forgive him, Harold Ickes and the courts for what they did to our law.

36 posted on 06/13/2009 3:37:08 PM PDT by Jacquerie ("He has . . . sent hither Swarms of Officers to harass our People, and eat out their Substance.)
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To: Jacquerie

I’ve been reading “The Forgotten Man” by Amity Shlaes. The absolutely outrageous overreaches by Roosevelt are being mirrored by the Obama administration. I could just cry...


37 posted on 06/13/2009 3:45:55 PM PDT by Twotone
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To: Jacquerie
That's hysterical. I am now reading "The Forgotten Man" & stated as much to a post just a few prior to yours. Last night I read a bit to my sweetie...how the head of the Treasury was speaking to an audience about how things were improving & they lauged...just like with Geithner & the Chinese students. Deja vu all over again...
38 posted on 06/13/2009 3:50:37 PM PDT by Twotone
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To: Twotone
My thoughts as well. My copy is highlighted, redlined and dog-eared from margin notes comparing FDR to Hussein. It is as if he studied FDR and decided to outdo his mentor. We are in big trouble.
39 posted on 06/13/2009 4:07:28 PM PDT by Jacquerie (He has combined with others to subject us to a Jurisdiction foreign to our Constitution.)
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To: SeekAndFind

how is there even a question mark after this statement? HA! even the libs are beginning to quake in their boots...


40 posted on 06/13/2009 5:55:46 PM PDT by wildwood
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