Wednesday, November 26, 2008

Congress Violated the Constitution WIth Bailout

"the Constitution does not repose in the Congress the power to bail out individuals or private industry: Bailouts violate the Equal Protection doctrine because the Congress can’t fairly pick and choose who to bail out and who to let expire; they violate the General Welfare Clause because they benefit only a small group and not the general public; they violate the Due Process Clause because they interfere with contracts already entered into; and they turn the public treasury into a public trough. Worse still, Congress lacks the power to let someone else decide how to spend the peoples’ money."

Further: "the Congress delegated to the Secretary of the Treasury some of the power the Constitution has delegated to the Congress: The power to decide when, how, for whose benefit, and in what amounts taxpayer dollars should be spent.

This delegation of power to the secretary directly violates a basic principle of constitutional law: Delegated powers cannot be delegated away. The Constitution delegates to the Congress the power to write all federal laws specifically related to spending, to the president the power to enforce those laws (and he must spend as the Congress ordains), and to the courts the power to interpret the laws (and they usually stay away from issues of spending). The Congress can no more delegate to the secretary of the treasury the power to decide how to spend billions than the president could delegate to the Congress his power to appoint the secretary." -- Judge Andrew Napolitano

Read the whole thing. But since when did our government allow the Constitution to stand in the way of doing what it does? Other than the military and the post office, the Constitution actually doesn't allow our government to do much of anything. Everyone who voted for the bailout have thus violated their oaths and should be required to step down.
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