Thursday, October 16, 2008

Congressional Limited Powers Trumped in 19030s

From Section 8 of the Constitution...
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
Until FDR's time, "the Supreme Court limited government's action that could affect private markets, applying various constitutional provisions to block minimum wage laws, workplace regulation and, to Roosevelt's fury, much of his New Deal program." (Legal Path for Intervention Was Blazed in FDR's Time, Jess Bravin, WSJ, A4, 10/15/08).

At the time, there was an attempt by FDR to prop up farm prices. Roosevelt and his cronies said that this would cause disaster for states. FDR took his campaign to trump the Supreme Court's 150 year old non-intervention stance to the American people. He claimed that the Court was acting as a policy making body, not judicial. He threatened to expand the Court beyond its nine members. Shortly thereafter, actions by the Court, led by Justice Owen Roberts, issued in the modern era of constitution law. "Ever since, the court has almost never found a constitutional bar on government intervention in the marketplace."

With today's federal government intervention into a particular industry -- the banking and financing industry -- there is solid constitution rationale for the Court to reject the bailout plan.

The bailout plan gives "unconstitutional delegation of congressional authority to autonomous officials." The Treasury and Federal Reserve can spend money as they see fit.

The New Deal was the beginning of the socialism-ization of America, furthered by almost every administration ever since. The Democrats have taken a great role but the Republican have done nothing to thwart it, if not being complacent in it. Bush is doing his best FDR in claiming doing nothing would be much worse than implementing this open ended, unconstitutional delegation of authority.

Justice Clarence Thomas has "argued that the precedent should be rolled back [that] the 'wrong turn' was the Court's dramatic departure in the 1930s from a century and a half of precedent."

The current bailout 'plan' is not only unconstitutional but it furthers a failed ideology, socialism and its cousin communism, which are quickly defining the new America.

I don't want to be like the Europeans. Americans are made up of ex-Europeans who left those repressive and average-at-best societies. Just because a European does not like American ways and thinks we should take more government control, does not mean it is right. I think they are wrong. A good litmus test is to do the opposite of what the Europeans prefer. In more cases than not, you'll be right.

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