Can We File a Lawsuit Against the Government Because the Bailout is Unconstitutional

[SaM5246]

My question involves civil rights in the State of: IL


As many of you know it is against the constitution for the government to take a stake in companies (AIG, GM, Ford, etc), to buy stock, lend money, etc etc. How do we file a lawsuit against them? Is it expensive?

Many people forget that those powers not explicitly given to the congress by the constitution are inherently denied to them.

[kist]

The short answer is no. No because it would be impossible to organize the massive legal team you would need.The ACLU is about the only group who could.

But believe me you don't want to be around if American car makers go under. The fallout would be at least as bad as the great depession, it may bet that bad nywayIt reminds me of a song.

Children died, the days grew cold,
A piece of bread could buy a bag of gold.

A hundred dollar bills actual value is one tenth of a penny. It's not backed by collateral like it used to be. As our debt ballons our currency loses value.

[aaron]

As many of you know it is against the constitution for the government to take a stake in companies (AIG, GM, Ford, etc), to buy stock, lend money, etc etc. How do we file a lawsuit against them? Is it expensive?

Where can I find the language that would render the bailout unconstitutional? Have you read the "General Welfare Clause" and "Necessary and Proper Clause"? Now, it is a fair policy question as to whether we would be better off with their focusing on their power to create "uniform Laws on the subject of Bankruptcies throughout the United States", but political disagreements aren't constitutional questions.

[gigirle]

The short answer is no. No because it would be impossible to organize the massive legal team you would need.The ACLU is about the only group who could.

But believe me you don't want to be around if American car makers go under. The fallout would be at least as bad as the great depession, it may bet that bad nywayIt reminds me of a song.

Children died, the days grew cold,
A piece of bread could buy a bag of gold.

A hundred dollar bills actual value is one tenth of a penny. It's not backed by collateral like it used to be. As our debt ballons our currency loses value.

Do you honestly believe that?

[kist]

Do you honestly believe that?

The short Answer? Yes. You can't sue the executive branch, you CAN sue congress however congress would just shift blame to the white house which is immune. In order to overcome that obstacle would require a huge concerted effort such as we saw with illegal wire taps.

Or did you mean the other part? Yes, I've seen it first hand on a small scale - just go visit Detroit. What would happen to the Ford, GM and Chrysler showrooms, in every city and town in America with their various employees? Then the manufacturing plants who make parts, losing our last bit of manufacturing would be devastating.

[blueeagle]

Or did you mean the other part? Yes, I've seen it first hand on a small scale - just go visit Detroit. What would happen to the Ford, GM and Chrysler showrooms, in every city and town in America with their various employees? Then the manufacturing plants who make parts, losing our last bit of manufacturing would be devastating.

I'm with you on this one. Keeping the auto industry with be a key factor in determining whether this nation will head toward a future of poverty or prosperity. And no, I do NOT consider 30 bucks an hour for a factory worker to be excessive . But as for the CEO who makes 29 MILLION in four MONTH...

[Mr. Knowitall]

Yeah. I mean, if I earned $29 million in four months, no question, it would be because I earned it. But nobody else could possibly be worth that.

[blueeagle]

Did you make a joke? First time for everything! I never knew you had a sense of humor! WOW!!!

[BOR]

Where can I find the language that would render the bailout unconstitutional? Have you read the "General Welfare Clause" and "Necessary and Proper Clause"?

I agree here. Although "TAXPAYER suits" to challenge government expenditures are valid in some case, they generally fall:

4. A suit by an individual, as a past and future federal taxpayer, to restrain the enforcement of an act of Congress authorizing appropriations of public money, upon the ground that the act is invalid, cannot be entertained in equity. P. 262 U. S. 486.


http://supreme.justia.com/us/262/447/case.html


Am I right here?

[BOR]

The short Answer? Yes. You can't sue the executive branch, you CAN sue congress however congress would just shift blame to the white house which is immune.

The President is at times named as a defendant in a lawsuit, but it is only as an "official capacity" defendant. You can't sue the President as a personal libaility actor for acts committed while in office arising out of his official duties, no; see Jones v. Clinton, the Paula Jones case.