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View Full Version : Is the big bailout unconstitutional?




ShowMeLiberty
09-25-2008, 07:44 PM
Need your help. I've been saying that the big bailout is unconstitutional. Well somebody is asking me "what part of the Constitution prohibits it - specifically".

My position is mainly due to Section 8 which would put the Treasury Secretary above the law, subject to no review by any court or agency. But I can't find a "specific" in the Constitution to prohibit the bailout or any portion of it.

Please help! Thanks in advance.

Ex Post Facto
09-25-2008, 07:46 PM
I believe the arguement is it is taxation without representation.

mport1
09-25-2008, 07:49 PM
"what part of the Constitution prohibits it - specifically"

The constitution enumerates the powers that government DOES have, thus anything that is not spelled out in the constitution is unconstitutional.

jabrownie
09-25-2008, 07:49 PM
RP seemed to be making the argument that Congress hasn't been explicitly given the authority to purchase/take over private companies and/or invest tax dollars in securities just like a private investor in the hopes that it'll make money. If it's not given to them then it's reserved for the states (10th amendment).

Jeremy
09-25-2008, 07:50 PM
9th... 10th Amendment...

anything that isn't in the Constitution is illegal for the federal government.... that simple

mport1
09-25-2008, 07:52 PM
9th... 10th Amendment...

anything that isn't in the Constitution is illegal for the federal government.... that simple

Yep. Too bad Congress doesn't understand this/doesn't care.

Jeremy
09-25-2008, 07:55 PM
Yep. Too bad Congress doesn't understand this/doesn't care.

that's how every american in a government school is taught :(

rockandrollsouls
09-25-2008, 07:56 PM
Need your help. I've been saying that the big bailout is unconstitutional. Well somebody is asking me "what part of the Constitution prohibits it - specifically".

My position is mainly due to Section 8 which would put the Treasury Secretary above the law, subject to no review by any court or agency. But I can't find a "specific" in the Constitution to prohibit the bailout or any portion of it.

Please help! Thanks in advance.

If you can't think of anything else I don't think you know the Constitution too well...

ghengis86
09-25-2008, 07:57 PM
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people


http://www.usconstitution.net/xconst_Am10.html

rockandrollsouls
09-25-2008, 07:57 PM
9th... 10th Amendment...

anything that isn't in the Constitution is illegal for the federal government.... that simple

10th...

9th says nothing along those lines.

runamuck
09-25-2008, 07:58 PM
I believe what is unconstitutional is the Federal Reserve Act of 1913 which basically gives the Federal Reserve power to "create money" based on lines of credit that the Treasury "purchases" at a particular rate of interest to pay back.

Therefore, in the Constitution only the Congress is given the authority to coin money and regulate the value thereof and in this current situation we are allowing the Federal Reserve to create a $700 billion (and more) line of credit to the Treasury of the United States.

fedup100
09-25-2008, 08:00 PM
Everyone is focusing on the money. The money is the least of this deal. These bastards are creating a forth branch of the Government. Yes, it is unconstitutional, but so is the spying, raping and killing, taxing, on and on. We still think we have a constitution, I say they are laughing at all of us for we have nothing.

The Constitution is clear, anything DC does that is unconstitutional is void on its face. The problem is we do not have a constitution. The corporate DC, tore it away from us.

They will not be stopped except by force.

ShowMeLiberty
09-25-2008, 08:39 PM
If you can't think of anything else I don't think you know the Constitution too well...

Well I admit I'm not an expert - but I'm also really tired tonight and not thinking too clearly.

So thanks for all the input, everyone! I think I can regather the thoughts I've had over the last week now. :)

Dave39168
09-25-2008, 08:42 PM
"what part of the Constitution prohibits it - specifically"

The constitution enumerates the powers that government DOES have, thus anything that is not spelled out in the constitution is unconstitutional.

yup

Jodi
09-25-2008, 08:49 PM
Everyone is focusing on the money. The money is the least of this deal. These bastards are creating a forth branch of the Government. Yes, it is unconstitutional, but so is the spying, raping and killing, taxing, on and on. We still think we have a constitution, I say they are laughing at all of us for we have nothing.

The Constitution is clear, anything DC does that is unconstitutional is void on its face. The problem is we do not have a constitution. The corporate DC, tore it away from us.

They will not be stopped except by force.

Unfortunately I believe you are right. It doesn't matter either what We The People want as they have figured out they can do what they want and we can't do anything about it, unless you want to pick up the ammo box. And I don't see that happening either.

bcreps85
09-25-2008, 08:49 PM
The constitution lists what powers the government DOES have, not what powers it does not have. If it is not explicitly mentioned in the constitution as something the federal government can do, then it is unconstitutional except with an amendment ratified by 2/3's of the states.

Oyate
09-25-2008, 08:52 PM
I'm really surprised to find this question posted here and all the uncertain discussion. To clear up a lot of these, I'd recommend reading works by a very obscure politician and researcher named RON PAUL.

I know, he's not a household name so I can understand if you've never been exposed to his ideas.