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Today's Nuze

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

Nobody's listening.

SIDE-STEPPING THE CONGRESS

By
Neal Boortz
@ April 6, 2009 8:39 AM
Permalink | Comments (27) | TrackBacks (0)

Last week, Slobbering Barney (a man who has never worked in the private sector during his entire life) passed a bill through the House called the Pay for Performance Act that would allow the government to set compensation restrictions on all employees of all banks receiving bailout funds. Here comes the law of unintended consequences. Now we have the Obama administration is apparently trying to figure out ways to get around these restrictions. Why? Because some banks out there are trying to pay back their bailout funds while others are sending the signal that they don't want to get into the bailout process at all. Obama wants to control the banks. In order to control the banks he needs this bailout connection. Essentially it's a "you take my money and I own you" deal. Barney's wealth-envy based restrictions are a problem here.

So .. what do you do as president if there's a law in the way of your agenda? Simple. You figure out a way around the law. What do you think we're operating here? A system based on the rule of law? Get serious. So here's the plan. Sources indicate that Obama can get around the rules by not providing direct aid to financial companies. What you do here is set up some special entity that will act as a middleman. The government pays the middleman, and the middleman then sends the money off to the financial institution. Since the financial institution isn't getting bailout money "from the government" the Barney restrictions don't apply.

Is this legal? Heck, that doesn't really seem to be an issue any more. What does legality have to do with it? Where is the Constitutional authority for the government to seize these banks in the first place? Questions of legal and illegal have come to only apply to the private sector. As Mark Levin says in his book, we're now in what you might term a soft tyranny. The Constitution is only in the way. For the time being questions of legality don't apply.



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What others are saying

  • For Mike O
    Please see the Reserved Powers Clause (Amendment 10), which reads "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."
  • Are you sure he didn't work in the private sector?
    I thought he ran a male prostitution ring in his basement. Doesn't that qualify as experience?

    Maybe his envy comes from the fact that it was a bust?
  • is our government wiping itself with the Constitution?
    In the film 'Frost/Nixon', Richard Nixon is depicted saying "If the President does it, it isn't illegal!", this to depict him as a despotic sneak.
    When the current nest of rats in Congress do whatever they want with no consideration for the constitutionality (?) of their actions, how are they any better?

    Are we all to beleive that acts that were considered vile and impeachable when 'Slippery Dick" did them are somehow imbued with nobility and glory when a Democrat does it? Why? Because they're better than the rest of us? Is that also why we are supposed to beleive that proven failure, Socialism, will somehow blossom into utopian success?

    We have a Constitution that was set in place to keep our government from crushing us; these serpents swore to uphold it.

    What they are really doing is using it like the Sears catalog; pick what you like, pass over the rest, and send it to the outhouse at the end of the day.
  • Read the Constitution!
    I try to stick to comments, but "Mike O" all powers not specifically given to the Federal Government are reserved for the States or the People. Which part of that do you (and Obama) not understand?
  • Clean up on aisle Mike O ...
    Hey, dipstick .. err I mean Mike O ...
    "Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note

    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."

    This is where it says you CAN'T do that!!!
  • Mike
    Dipsticks? OMG I don't believe we're into a "it don't say he can't"!!!

    Forget it, there is no talking reason here.
  • Huh?
    You know, I'm not the sharpest knife in the knife drawer, but I'm not a spoon, either. This is all very confusing to me. Why does he need loopholes to take over the banks? Obama doesn't seem to pay any attention to the law or the Constitution to do anything else he damn well pleases.

    Is the next 4 years going to be like this? Laws enacted by the same people trying to find a way around it, like taxes? I mean, didn't he have to sign this bill? Didn't he understand that it might get in the way of his agenda? Or was he arrogant enough to think all the financial institutions would just bow before him and play the way he wanted them to?

    Much as I don't really like Republicans either, this twit we have as president, and his anointed administration needs to be stopped. If that means a lame duck gov't in 2010, I'm all for it. This is just getting nutso.
  • What does the Constitution have to do with it?
    I hear Boortz, Hannity, and the other trolls saying "They don't have the Constitutional authority to do this. What part of the Constitution grants you the power to do this?"

    Well, dipsticks, answer me this one: Where in the Constitution does it say you CAN'T do this?
  • We have to Push Back Until...
    We have only one choice: http://pushbackuntil.com

    Be in D.C.!
  • To: Tom
    Uhh, Tom... Obama HASN'T repeated Bush's tactic of using signing statements to set himself above the law.

    My suggestion that he do so was facetious, to illustrate the folly of right-wingers who are now regretting their uncritical support of the "unitary executive" theory now that a Democrat is sitting in that chair.

    And that seems to be quite a bitter pill for those depressed little wingnuts indeed.
  • To: Cowboy and NW
    Grasping at strawmen, fellas... I never said Bush invented signing statements. I said he issued a record number of them with the stated intent of ignoring the very laws he was signing, which is true.

    Good try at changing the subject, though. (snicker)
  • Laws or suggestions?
    These people believe that they can do anything they want so long as it is either:
    1)actually in the public interest to do so,
    OR:
    2)they can say with a straight face that it is in the public interest to do so.
    Some people have a short memory. Neal DID complain about signing statements by Bush II and Clinton.
  • what exactly are you complaining about here?
    First off - the banks were not "seized".

    Secondly, you have openly argued against setting executive pay. It appears obama agrees with you, and found a way around that silly liitle law.

    Very similiar to the tax loop-holes businesses and individuals (Yourself included on this one, Neal) alike use when they are penalized by a particular rule.

    The rich (or the smart - any way you want to look at it) will always found a way out of paying a higher tax rate, and politicians will always find ways around the very laws they pass.
  • A warning to Copy and other like-minded
    Every time I hear your "Well Bush did it too" drivel, I'm gonna remind you that the dude YOU elected campaigned on CHANGE and talked about no more business as usual. That's what he PROMISED YOU. So....seems to me that if you didn't like the way Bush did things and Obama is doing the same things Bush did, then you must not like the way Obama is doing things.

    Kinda tough pill to swallow, eh?.
  • Controlling
    Neal, Obama is not trying to get banks to take the money anyway because he wants to control them. It's an effort to keep concealed which banks are really in trouble so that the bailout does not create a run on banks taking the money (and therefore insolvent). The idea was to get *everyone* to take the money, whether they need it or not. Solvent banks can repay at their leisure.

    But you are right, this is the law of unintended consequences run amock. Imagine that.
  • Slandering Frank
    Doesn't running a male prostitute ring out of your apartment qualify as "working in the private sector"?
  • Barney Frank
    Sorry to burst your cozy bubble, copyleft, but signing statements pre-date Bush and the neocons by quite a stretch, so stifle the snicker and, next time, do your homework.
    As for the banks, they should write the refund check, hand deliver it to the white house along with a message that says,"We resign from your game. Here is the taxpayers money back."
    Do it with plenty of publicity and it would really rain on the Fascist' parade.
  • Can't wait to see who they pick to be the "middlemen."
    I bet they are run by loyal dp politicians or contributors (Isn't daschle available?) who work for a dollar salary we will hear a lot about, and a 'modest' commission we will hear almost nothing, if anything, about.

    These front companies will make out almost as well under the dp as the trial lawyers. A modest 5% commission on a trillion bucks (which I think is lowball for the final bailout cost), is $50 billion. Cha-Ching!

    copyleft, President Bush didn't invent signing statements. Born yesterday and fell off the turnip truck this morning? Just kidding, I know you just like chasing your tail.
  • Using the tools you gave him
    "So .. what do you do as president if there's a law in the way of your agenda?"

    Well, if you'll recall, Bush issued a record number of "signing statements" about which laws he would and would not acknowledge, even as he signed them.

    And I never heard even a murmur of complaint from Neal and the far-right crazies about that. So I suggest Obama employ that power, which the neocons so thoughtfully granted him, to set himself above the law whenever he feels like it.

    Right? (snicker)
  • The Equal Protection Clause does not apply
    Why is it only limited to “bail out” money? Shouldn’t it apply to all sectors which receive federal tax dollars? This should include “performance pay” for teachers, “no bid” contracts (pork spending), Fannie Mae & Freddie Mac, etc… and of course, any sector which receives federal tax dollars cannot give financial support to any member of government. Okay, it’s a pipe dream, mainly because bribes will become illegal, such as “you support me, I’ll send pork your way”
    I also wish the companies which were forced to take the “bail out” money would make a commercial “We here at XYZ bank were forced by the federal government to take this bail out money, which we didn’t need, because we here at XYZ bank believes in the free market, we are giving this money back, we also don’t believe it is government’s job to pick winners and losers, that’s the job of the American people like you, thank you for supporting XYZ bank, we are strong and doing just fine”, I’m sure the federal government would love that.
  • Challenges to the 'constitutionality' of laws
    Neil,
    Can the Supreme Court directly challenge laws that appear to violate the Constitution? Didn't they intervene with the line item veto issue during Clintons term?
  • Middleman
    Doesn't this wreak of money laundering? What's the difference?
  • Solution
    All Obama has to do is veto the legislation when it reaches his desk. problem solved.
  • Test the waters
    If the administration won't accept repayment of TARP funds, then why can't a bank that wants to be free of this albatross just place the funds into an escrow account. This is a first amendment issue -- right to free association -- and anyone has the right to choose with whom he or she does business.
  • How is this legal?
    When is someone going to take him or Geithner or Congress to court? They are truly out of control. Even a bank allows for early repayment!
  • Gov refusing payback of TARP
    http://online.wsj.com/article/SB123879833094588163.html

    This is bad, and getting worse. These jerks want to completely control how the banks and our economy operates.

    Isn't this how fascism works.
  • Pay for Performance
    So, howlong will it be before OBPrez decides that the bill also extends to defense contractors, companies that do business with the Fed Govt, companies that use the federal highways, companies that use the FCC controlled airwaves, etc, ad nauseum. Eventually, it will include everyone in the US, with our Tax Cheat in Charge and his minions as the ones who set the price of labor.
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