Maybe it's me. I could just be missing something in the Constitution that authorizes the federal government to run private businesses or to enter into business on its own.
So if anyone knows how the president of the United States got the power to tell the president of General Motors that he was fired (or more politely, that he must resign), please e-mail me.
The president later ordered Chrysler to merge with an Italian corporation, Fiat, and promised that the government of the United States would back both Chrysler and GM car warranties. Just what we need: A government that sells used cars. I am eagerly awaiting the exact provisions in the Constitution that give the federal government the power to dictate business policy to individual corporations. Short of seeing them, I will assume our new busybody government has gone rogue.
The evidence is everywhere. And it didn't start with President Obama and the Democratic Congress, not by a long shot, but it has gotten worse under them. Could you tell me, for instance, how it is that Congress can be considering a bill to establish a Green Bank that would be a wholly owned corporation of the United States intended to lend money to projects that promote or develop clean energy or renewable energy? I missed that provision in the Constitution, too.
I see whereby the Congress has the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." That's vague enough to cover a multitude of congressional sins, but it doesn't give the president any authority at all.
Of course, the president doesn't have a whole lot of authority in any case. The Constitution grants him the power to be commander in chief, to make treaties (with the advice and consent of the Senate) and to appoint ambassadors, judges and other officers (also with the consent of the Senate). Not a thing in there about taking over private corporations.
It seems pretty clear from studying the actual document (the Constitution that he is sworn to "preserve, protect and defend") that the president's main function is as the "executive" officer, the factotum who carries out the will of Congress and who 'shall take care that the laws be faithfully executed."
Of course, in Article II, Section 3, it does also establish that the president 'shall … recommend to [the Congress'] consideration such measures as he shall judge necessary and expedient," but it is thus clear that the power to enact such measures resides with the people's Congress and not with the president.
Moreover, Congress's powers are strictly delimited by the same Constitution under Article I, Sections 8 and 9. The aforementioned commerce clause regulating commerce "among the several states' was clearly not intended by the Founding Fathers to allow Congress to run General Motors or any other business. It was most likely intended to ensure that the sovereign states not engage in predatory trade practices with each other and to provide the federal government the power to protect the states from one another.
Unfortunately, for the past 100 years, the courts have more and more interpreted the Constitution as a grab bag of powers for Congress, the president and the judiciary. Thus we reach the point today where hardly an objection is heard when the president and his treasury secretary announce that they can set salaries for corporate executives and even take over companies whenever they feel it prudent to do so.
It is up to the people of the United States to stand up for themselves. After all, the Ninth Amendment and 10th Amendment reserve and guarantee the people and their state governments all the powers that are not expressly granted to the federal government.
That's why people across the country, including most recently this weekend in Kalispell, have held Tea Parties to express their outrage over the federal government sticking its nose where it doesn't belong and putting its hand in your wallet and mine. Congress and the president apparently envision a country where they control every sector of the economy, and nearly every sector of our private lives. The stimulus bill and the proposed 10-year budget are in essence a federal down payment on ownership of our American soul. Is yours for sale?
Of course, some people would note that the government has gotten into business before. After all, the federal government (or its proxy) runs the post office in competition with private businesses, right?
True enough, but that is one case where the government (Congress in particular) is specifically authorized by the Constitution to do just that - to "establish post offices and post roads." So Federal Express has no complaint, nor do we citizens for the money that Congress spends in this endeavor. It is legal and aboveboard.
But if anyone can point out any other verbiage in the Constitution that allows the Congress or the president to establish businesses to be run at taxpayer expense, or even to control private industries (which is far different than regulating them), then I will happily admit that I am wrong. Perhaps, I missed it the first couple of hundred times through the document.
Of course, there was the case of Prohibition, when the federal government outlawed an entire industry involving "manufacture, sale, or transportation of intoxicating liquors." That was pretty heavy-handed, but it was also legal. After all, the Constitution was specifically amended to establish the power.
Again, you can't say it is unconstitutional if it is in the Constitution. And if anyone could successfully go through the same amendment process to give the president power to fire corporate CEOs, then I would get right behind the practice and say "the people have spoken."
But that is not the case.
This is one more in a growing list of offenses of the Congress and president against the people of the United States. If it were not that the people have so little power left, you would almost call it a power grab.
n Frank Miele is managing editor of the Daily Inter Lake and writes a weekly column. E-mail responses may be sent to edit@dailyinterlake.com
Bronco
nat-res, Hitler's parents were Catholic. So is one of mine. I suddenly feel the urge to build a larger shower...in my bunker. And when I wrote that I found the hippie philosophy was correct I meant Make Love, Not War. Unenlightened folk back then believed it meant to have sex instead of fighting wars. It was a mantra calling for the creation of the emotion love and distributing it in the hope that it might be contagious. Most people were immune.
Bronco
Pete, I think the Liberation Theology is Marxist in its idealism. The main problem with carnage as a solution is the collateral damage. When the kids were small I had them in the car and on the way home asked them if they wanted to go by Barney's house. As a joke I took them to a house that had recently burned to the ground. They were wailing and crying when I pulled into our driveway. Wife comes running out when she heard them. She wouldn't set a place at the table or talk to me for three days.
Rob123
naturalresources: As terrible as the WTC was, it did not cause the current recession-depression. And for the 1000th time, I am not some lefty. When the pragmatic center looks "Left Wing", it might be time for you to open a book and read something besides just watching Right Wing T.V. or listening to Right Wing Radio. Any response I give is labeled and thrown into a Lefty Junk heap, so what's the point? And how did Wall Street and the various firms get back up and running after WTC was attacked? As any bussiness person knows, you back up your computer files and store them SOME PLACE ELSE. Business 101. I could go on, but it's pointless.
Rob123
That's weird, Pete. You really need to get your nose out of my anu$ and start thinking for yourself.
naturalresources
Rob and Bronco.....Quack and Quacker?
Bronco
I thought this was over. I leave the room and you kids start fighting. The name calling...that's got to stop, Pete and nat-res, or you're finished as serious people. Pete, look what you did. You made Rob lose his temper. And nat-res. You watching CNN is like Kim Jong-il watching Oprah: You just won't get it. The Left Wing bashes the Right Wing because the Right Wing bashes the Left. And because the Right Wing really screws up the world whenever it's in charge. History reveals that most governments were Right Wing. Look around you. The Left Wing does not owe you any thanks. Right Wing is harsh and violent. Wars and persecution...just like fundamentalist religion. You guys are always angry, even when you get your way.
Rob123
Editor: "God help us." I'm not sure God is 100% behind the Constitutionalist Party? However, when said party gets 3% of the vote nationally, they cheer....usually, it's more like 1 or 2%. Why is that? That said, I must admit I recognize the importance of a small group constantly pointing to the founding intentions and acting like an anchor dragging on the bottom as folks go to the ballot box thinking it's a Democracy and that they can vote themselves money from the Treasury, if only they get 51% of the vote. Your job is to remind everyone it's a Republic, existing under the Rule of Law; and well, keep trying.....Common Good is a hazy concept, and implies sharing. Sharing as an act of Free Will is noble, and feels good......And is sorely lacking of late, as the top 2% grab and hold ever more capital inorder to express their power over their guilded neighbors living in their tony neighborhood. Almost a Calvinist take on 'Good Deeds' being known by the size of your bank account.....Change is needed, as we try to define what it means to be a mature, middle aged economy. Emerging Markets is where the fast money
mtboat
bimmermt: I still like you, might be a sympathy thing. But you are so nuts. If I quote and reference facts I find while researching, I pass it on. You on the other hand like to serve up rhetoric. Go reread your history of posts in here. And for politeness sake I will take it easy on you, and not bring up what I find on you . But dude..really. Enough all ready. Go get a hug from a support group.
Rob123
NarRes: If you want to defend their exurburance and jumping on the bandwagon and playing "Until Johnie comes marching home again, hurrah, hurrah....." go ahead. I've been in firefights, and it ******.....Especially when there is no over riding philosophical or moral reason. Just a bunch of paronoid neocons heavily invested in defense stocks.....Have fun running with this one, big guy....I'm going on a bike ride
martin8150
I was hoping, had McCain been elected, that 1 or 2 more strict constuctionist supreme court justices would be appointed and begin enforcing th 10th amendment again. I dreamed that the illegal depts. of education, SSI, HHS,OSHA, FDA,etc. would be eliminated or devolve to the states. The dream of a functioning constitution has been pushed back a generation unless the excesses of Obama outrage the people enough for them to take up arms to refight the revolution.
Abenaki
Most Americans have not, and are unable, to read or comprehend the Constitution. Many could care less what it does or does not provide for. The educated, intelligent, and civic-oriented do not understand that they are in a very small minority. The minority mistakenly assumes the majority cares. They fail to realize the majority are either lemmings or sheep driven or herded along and reacting to popular pap. They are comfortable in their ignorance. Their souls have already been sold to a God of acquisition. Only total economic devastation will awaken the majority before they take an interest in what is happening in the Beltway Big Top and the Congress of Clowns. The Ringmaster and his ticket sellers ( the media ) care less about the Constitution and see it as a guide to be used as an implement of their will rather than an implement of restraint. Only a significant interruption of the food supply will bring about the chaos needed to restore order. A very heavy cost will be endured and that cost will have been born out of indifference and ignorance.
Flathead Frank
People of NW Montana: Another column showing Frank The Country Editor lives on the dark fringes of American life. To Frank the Country Editor: Please get more informed before diving into these subjects. Never do you mention that the auto companies are asking for taxpayer money. Obama said if you want help you need to do certain things to protect the taxpayer. The GM president balked and quit with a $23 million package. I think he will be okay. It's legitimate to argue whether taxpayers should bail out poorly run American auto companies ( I say no) but to suggest Obama fired the GM president or is running these companies willy nilly is absurd. This right wing Constitutionalist parnoia a la Randy Weaver and David Koresh should have no place in community journalism.
Tillie
Hey Frank - While you were scanning the skies for chemtrails, there was this other president who attempted an even bigger power grab, who led us into an unnecessary war, lost the support of the rest of the world, and practically bankrupted the country in the process. I guess your Glenn Beck talking points didn't address that aspect of the current situation. Frank your thinking is like a high school sophomore's - most of us really are astounded at how stupid your viewpoints are.
Rob123
The Gilded Age ....1885-1913....how did our Republic survive the dismantling of the monopolies and trusts and abuses of power? We did, but how? A & E's America's Castles are romantic visions into that age, but the squallor on the street without safety nets, was horrendous. How did the Trust Busters work, under the Constitution? Too many similarities to ignore.