Anyone want to sue over the illegal UAW bailout?

By Michelle Malkin  •  December 19, 2008 10:51 AM

John Boehner just issued a statement expressing dismay at President Bush’s UAW bailout. He called the use of TARP funds for the bailout “regrettable:”

“The action today is disappointing news for autoworkers and taxpayers, who deserve better — particularly from their Congress, which essentially punted on this difficult issue and is gearing up to move radical environmental legislation next year that will wreak havoc on American jobs. The no-bailout restructuring plan House Republicans put forth this month, which relied on private funds rather than taxpayer funds, was the responsible way for Washington to respond to the troubles in the American auto industry. By declining to take the responsible approach, Washington has failed both autoworkers and taxpayers. The use of TARP funds is also regrettable, the latest in a growing list of TARP money uses that were not discussed with or envisioned by Congress when the program was authorized. Now that billions in taxpayer funds are being put at risk, it is more essential than ever that our Democratic counterparts back away from threats to impose extreme environmental mandates on the auto industry that will jeopardize millions of American jobs.”

It’s not just “regrettable.” As the Heritage Foundation reported, it’s illegal. Hans Bader at OpenMarket.org spells it out:

The Bush Administration is planning to use money from the $700 billion financial system bailout for an auto industry bailout. To do that, it is seizing on the fact that the bailout statute contains a very broad definition of “financial institution,” which the Administration claims includes virtually any institution, financial or not. The bailout statute defines “financial institutions” eligible for the bailout as ”any institution, including, but not limited to, any bank, savings association, credit union, security broker or dealer, or insurance company.” Never mind that Congress listed as examples of ”financial institutions” only entities that were banks, insurance companies, or financial institutions, not automakers.

The Heritage Foundation and Michelle Malkin have made a strong argument that this violates the financial bailout statute under the principle of statutory construction known as ejusdem generis, which says that when a term’s definition includes examples that are all of a similar kind, it limits the meaning of the term to things similar in kind to such examples.

But if that’s not so, and the bailout was just a big slush fund for the Administration to dispense with as it chooses, then the bailout law itself was unconstitutional, since it conferred unbridled discretion in the hands of the President to do whatever he wanted with it.

Instead of wringing their hands, I’d like to see fiscal conservatives in Congress put their money where their mouths are and file suit against this illegal, unconstitutional bailout.

Any takers?

Bueller? Bueller?

***

The Foundry breaks down Bush’s awful auto bailout.

Just received more condemnations of the bailout from Rep. Hensarling and Sen. Kyl. How about walking the walking?

~ For the latest breaking news, be sure to join Michelle's e-mail list ~
Posted in: Subprime crisis

See what others have said

Note from Michelle: This section is for comments from michellemalkin.com's community of registered readers. Please don't assume that I agree with or endorse any particular comment just because I let it stand. A reminder: Anyone who fails to comply with my terms of use may lose his or her posting privilege.

Comments


  1. #1
    On December 19th, 2008 at 10:56 am, Jenn Sierra said:

    This bailout makes me so angry I can hardly think about it and breathe at the same time. It’s an unbelievable betrayal by our government of the American people.

  2. #2
    On December 19th, 2008 at 10:59 am, pdv said:

    How about 57 million of us march on Washington with symbolic pitchforks and demand that all politician who voted for this gets a one way ticket to Havana.

  3. #3
    On December 19th, 2008 at 11:00 am, On-my-soap-box said:

    Okay, I am just as unhappy. Where are the AIG threads? The auto bail out is what, 10% of the AIG bail out? AIG had to do nada in comparison. Guess what else? Obingo has a trillion dollar “stimulus” package coming. Thread? Just saying.

  4. #4
    On December 19th, 2008 at 11:03 am, letget said:

    I just wish to goodness they would stop calling it an ‘auto bailout’, it is an ‘union bailout’ at taxpayers expense. I, too am just so angry.
    L

  5. #5
    On December 19th, 2008 at 11:09 am, ajmontana said:

    Soap…. patience grasshopper. lol

  6. #6
    On December 19th, 2008 at 11:12 am, On-my-soap-box said:

    On December 19th, 2008 at 11:09 am, ajmontana said:
    Soap…. patience grasshopper. lol

    The outrage just seems a little out of proportion to me. Just saying.

  7. #7
    On December 19th, 2008 at 11:15 am, cheapseat said:

    my grandson will inherit this mess as opposed to the american dream i inherited. how can things have gone so wrong in just 2 generations. i grew up on leave it to beaver, he’ll grow up on wife swap, and queer eye.

  8. #8
    On December 19th, 2008 at 11:17 am, katablog said:

    Not much I can add to #1′s statement. I find every time I read or hear the news lately I am shouting back at the commentators about all the things they don’t say.

    Should someone decide to sue (I’m sure that like the BHO birth certificate we’d find out that the common taxpayer has no standing), I’d donate money. I want this bailout mania to stop, but worse yet, I want the government to stop tramping on the Constitution.

  9. #9
    On December 19th, 2008 at 11:20 am, FilmLadd said:

    On December 19th, 2008 at 11:12 am, On-my-soap-box said:

    The outrage just seems a little out of proportion to me. Just saying.

    Anything short of pitchforks for this bailout AND the AIG-Financial-Bank bailout is out of proportion.

    Anyway, your complaint is pretty stupid, considering that there are plenty of AIG threads on this site.

  10. #10
    On December 19th, 2008 at 11:21 am, FilmLadd said:

    Or should I say anti-TARP- Hank-Paulson-Financial-Industry Crap Sandwich etc threads.

  11. #11
    On December 19th, 2008 at 11:24 am, BOB said:

    I like the part where the federal government, at the end of March 09, will review big 3 plans to become solvent and make a profit again. Imagine taking a look at the US governments plan to become solvent and pay off their 80 trillion or so in debts and promises.

    Also, if they don’t like the auto companies plans for the future, then they must repay the billions that they have already spent, immediately.

    What a sick joke.
    __________________

  12. #12
    On December 19th, 2008 at 11:25 am, xblade said:

    Okay, I am just as unhappy. Where are the AIG threads? The auto bail out is what, 10% of the AIG bail out?

    The search feature is your friend. There are plenty of threads here about AIG, it’s just that most of them were posted…when the AIG bailout was being discussed.

    By the way, it’s thinking like “it’s only 10% of AIG’s bailout blah blah blah” that keeps getting us even more bailouts. People keep saying “It’s only this much, it’s only that much”, and look where we are: over a trillion and climbing.

    By the way, you don’t really believe the auto bailout is going to end at $17 billion, do you? It will be well over what AIG received when all is said and done.

  13. #13
    On December 19th, 2008 at 11:27 am, rplatt said:

    Anybody that sincerely believes “we the people” have anything to say about the course of his country or its government’s behavior is either incredibly naive or a hopeless dreamer. An elitist class that places itself above both the common people and the law controls every aspect of our lives. Unfortunately, the Republic is crumbling.

  14. #14
    On December 19th, 2008 at 11:30 am, bayou22 said:

    Merry Christmas America! Close your eyes and bend over and we’ll give you your present…

    Love,
    Spineless Sellout Bush and your Do-Nothing Congress

  15. #15
    On December 19th, 2008 at 11:31 am, wrcnossen said:

    pdv – the heck with symbolic pitchforks. It’s time for real pitchforks and torches. It should look like an Frankenstien movie with them in the tower and us kicking in the door!

  16. #16
    On December 19th, 2008 at 11:37 am, twiggman said:

    If only I had the money…I would be in court with these BOZO’S everyday…

  17. #17
    On December 19th, 2008 at 11:42 am, Kevin K. said:

    Government of the UAW, by the UAW hacks, FOR the UAW.

    As someone else asked on michellemalkin.com before, “where do I go to get my Country back?”

  18. #18
    On December 19th, 2008 at 11:42 am, katablog said:

    Spineless Sellout Bush and your Do-Nothing Congress

    Ah, didn’t you forget to add Barack Hussein Obama who ASKED for this bailout?

  19. #19
    On December 19th, 2008 at 11:47 am, MarcoPolo said:

    MM, you should call Rep Paul and see if he’s up to the challenge. He walks the walk, and has for years.

    If you and Paul could agree to disagree on foreign policy long enough to get some sort of financial sanity restored our country would benefit immensely.

  20. #20
    On December 19th, 2008 at 11:47 am, On-my-soap-box said:

    By the way, it’s thinking like “it’s only 10% of AIG’s bailout blah blah blah” that keeps getting us even more bailouts.

    I see. So, AIG will not continue to step up to the plate and the big three will catch them over time? I may be stupid but I am not dumb. No, I do not think it will end at $17M. Yes, I read all of the AIG threads. Good lord, it seems there has NOT been a day gone by when Michelle was feeling well (glad to see you are back Michelle) that there has not been a big three bail out thread.

    For the sake of argument, if the big three bailout is 10% of AIG’s, should the threads go 10:1 towards AIG? How about state gooberment bail outs? There are plenty of bail outs going on and more to come. Hell, there is more pork in CS 2.0 (About $150B as I recall) then the big three will see. Then again, I am just too stupid to understand.

  21. #21
    On December 19th, 2008 at 11:49 am, Kevin K. said:

    Our Michelle has asked,

    Anyone want to sue over the illegal UAW bailout?

    Yes, but since they’d just use our own tax dollars against us, and the sentence would be laughable, is it worth the effort?

    (Sorry, grumpy mood today. It’s not been a good week.)

  22. #22
    On December 19th, 2008 at 11:50 am, paulrtaylor said:

    I have already emailed my congressional reps to start a suit. We will have to see if any of them listen. Probably not.

  23. #23
    On December 19th, 2008 at 11:50 am, Paul Revere said:

    MM, you should call Rep Paul and see if he’s up to the challenge. He walks the walk, and has for years.

    If you and Paul could agree to disagree on foreign policy long enough to get some sort of financial sanity restored our country would benefit immensely.

    That’s a good idea. For all of his foreign policy malarkey, he really does tow the line fiscally.

  24. #24
    On December 19th, 2008 at 11:51 am, MarcoPolo said:

    It is ok if the President breaks the law for his definition of military security, but not when for his definition of financial security. Everybody that supported him in his end runs around our right to have a court approve wiretaps is partially to blame for this. You made it clear to him that he was the decider.

    Congratulations, Dr. Frankenstein.

  25. #25
    On December 19th, 2008 at 11:59 am, Mercy4Me said:

    COUNT ME IN FOR A MARCH ON WASHINGTON!

    TIME AND DATE PLEASE!

  26. #26
    On December 19th, 2008 at 11:59 am, corona said:

    Seriously, what’s the use? Remember, the crap sandwich, as originally written, is unconstitutional, but nobody cares. The U.S. is moving toward socialism. The American experiment has failed.

  27. #27
    On December 19th, 2008 at 12:02 pm, FireBlogger said:

    What can you say, Pres. Bush on his way out is trying to make everyone he can happy.

    With this final gift he can now wash his hands of the economic mess, prep his farewell speech and book a cruise.

    By the time Obama gets through with his 2 tril. dollar dilution Pres. Bush’s 15 bil. to the auto makers will look like a petty cash withdrawal.

  28. #28
    On December 19th, 2008 at 12:10 pm, madchef said:

    On December 19th, 2008 at 11:59 am, corona said:

    Seriously, what’s the use? Remember, the crap sandwich, as originally written, is unconstitutional, but nobody cares. The U.S. is moving toward socialism. The American experiment has failed.

    You can shove your white flag!
    We have gone through hard times before and we will again!

  29. #29
    On December 19th, 2008 at 12:23 pm, InCali said:

    Is there anyway to spread the cost of a suit over many people? I’d donate and put my name on a class action law suit.

  30. #30
    On December 19th, 2008 at 12:32 pm, BOB said:

    You can shove your white flag!
    We have gone through hard times before and we will again!

    Yes we have, but I believe that during these hard times most Americans were on the same page……..absolutely no way that is true today. Certainly not to stop Socialism, which IMO is actually desired by at least 50% of the population.

  31. #31
    On December 19th, 2008 at 12:41 pm, Mister P said:

    Rovelli added that estimates for a full bailout of the auto industry run as high as $150 billion.

  32. #32
    On December 19th, 2008 at 12:44 pm, et said:

    One of the brown shirt union guys that regularly deliver packages here remarked that: All of the terms and conditions of this bailout would be meet if Card Check was passed and the UAW organized these foreign owned auto plants.

    No need to lower the big threes costs. Just raise everybody elses.

  33. #33
    On December 19th, 2008 at 12:44 pm, corona said:

    Note to clueless “Mad Chef” – The Depression was certainly “hard times”, but the government did not nationalize industries then. That is what it is doing now. If you are naive enough to think that entrenched socialism can be reversed, you will be awfully disappointed.

  34. #34
    On December 19th, 2008 at 12:48 pm, corona said:

    .. and when this appears on a so-called “conservative” site …

    The refusal to face reality does not change reality.

  35. #35
    On December 19th, 2008 at 1:02 pm, Rogue Cheddar said:

    That noise you heard was the “Great Experiment” The US of A, striking the iceberg! Like the Titanic, it is not unsinkable!

  36. #36
    On December 19th, 2008 at 1:18 pm, madchef said:

    On December 19th, 2008 at 12:44 pm, corona said:

    Note to clueless “Mad Chef” – The Depression was certainly “hard times”, but the government did not nationalize industries then. That is what it is doing now. If you are naive enough to think that entrenched socialism can be reversed, you will be awfully

    disappointed.

    Clueless, Not at all. Granted the stakes are much higher than ever before, but liberty is always worth fighting and dying for. At least for some of us. You can submit to tyranny if you wish, I shall not!

  37. #37
    On December 19th, 2008 at 1:19 pm, NBF said:

    Other carmakers should sue, at the very least. They stand to gain billions in market share!

    ***
    Boycott Bailout Recipients

  38. #38
    On December 19th, 2008 at 1:30 pm, MarcoPolo said:

    That noise you heard was the “Great Experiment” The US of A, striking the iceberg! Like the Titanic, it is not unsinkable!

    And now I have this image of Bin Laden super-imposed over the NES “Duckhunt” dog in my brain.

  39. #39
    On December 19th, 2008 at 1:58 pm, Sanddog said:

    On December 19th, 2008 at 11:12 am, On-my-soap-box said:

    The outrage just seems a little out of proportion to me. Just saying.

    Then I guess you haven’t been paying attention to the previous outrage shown to the earlier bail outs. Just a question… are you a union member?

  40. #40
    On December 19th, 2008 at 3:05 pm, PhredE said:

    Let me express my agreement with rplatt (#13). I think you’ve succinctly stated the problem in it’s most basic form. Elitism is a cancer which is destroying the fiber of our society. The long sought ideal that each person is the equal of any other is a concept which is being trashed with frightening rapidity.

    While many apply the conventional wisdom that having highly educated legal and other ‘experts’ represent “us”, I believe it is well past time to select ‘average Joes’ (and Janes) to run the country – choosing them randomly off the street is just fine by me. Having REAL people, leading REAL lives, dealing with REAL problems is, IMHO, in the end, more likely to produce a government that provides REAL representation. What we have now is a very, very, very sick and malicious joke perpetrated upon the average American citizen.

  41. #41
    On December 19th, 2008 at 3:21 pm, legalbgl said:

    I have to say, illegal or not (and I am not convinced that it is illegal) the auto bail out was necessary. Allowing the auto industry to fail would have disasterous consequences on all sectors of American economy. There would be no more manufacturing, suppliers would fail, lenders would fail, dealers would fail. Competition would decrease thereby increasing prices so the consumer is hurt. Plus how many people moving from private payroll to government assistance. Could the governemnt afford the unemployment insurrance that would be needed? And with those peple loosing hteir jobs, how many mortgages would fail, putting further strain on the TARP?

    As I wrote to Senator Robert Melendez (D-NJ) the other day:

    The auto industry’s situation was not caused by short sited management decisions. On the contrary, these decisions were made at the barrel of a gun by the union. With the threat of a strike closing down production, or as in many situations, under the actual pain of a strike being executed, the UAW has robbed and raped management of the big three. How can GM afford not to cave into onerous demands from the union, when the alternative is a long, drawn out strike, and Democrats and the media chastising them for attempting to protect against the situation we find ourselves in now.

    Additionally, this is not an issue of high fuel standards and the Big Thre fighting tougher standards. In fact, GM has one of the best records on fuel efficiency of any auto maker. More GM alternative fuel busses are on the road than any other company. GM is offering the only car in the country to run on electricity only for 40 miles (zero gas consumption, zero green house gasses!) GM was a leader in displacement on demand (the same system that Honda utilizes in the Pilot), and has brought hybrid engines to cars and trucks that are not so tiny that I could not even put my child stroller in the back trunk (try saying that for the Toyota Prius.) Ford was the first automaker to offer a hybrid engine in an SUV (the Escape), and that vehicle makes up part of NYC’s taxi fleet (and is certainly more comfortable than the Prius.) Plus, both Ford and GM have done this without sacraficing safety. The new Toyota Rav 4 cannot even boast of a 5 star safety crash test rating, while GM’s Saturn Vue and Chevy Equinox can. *** The Saturn Aura and Chevy Malibu have been awarded North American Car of the Year. So its not an issue of not making cars that American’s want.

    ***

    The big three must be bailed out immediately, the UAW must be brought to give up perpetual health care and “job board” protections (which give laid off workers 90% of their salary, paid for by management.) ***

    I stand by the Auto industry bailout as a necessary step for this country.

  42. #42
    On December 19th, 2008 at 3:24 pm, On-my-soap-box said:

    On December 19th, 2008 at 1:58 pm, Sanddog said:
    Just a question… are you a union member?

    Oh, good lord…

    No, I despise unions. I had my fill of their corruption when I was 17 and never would work a union job EVER.

    Why is it that if I am not nearly as outraged as some of you, you have to go into attack mode. Save your vitriol for where it counts.

    I write my senators and congressmen and fired Mel Martini-ez because he supported CS 1.0.

    Let me make this as simple as I can. I hate corruption on both sides of the aisle. I also understand that the likelihood of getting a pass is better if a (D) is behind your name.

    What I am saying as it relates to this thread is AIG got the pass while, suddenly, our politicians went after the big 3. It was grandstanding at best. Now, I am supposed to be more upset over the big 3 bail out. Sorry to all of you. I am just as pissed (okay, maybe more) at the AIG crap. I am beyond outraged at the amount of pork that gets attached to EVERY SINGLE BILL so it can get the okie-dokie stamp. To pretend like all of this huffing-n-puffing is going to stop the big 3 from getting their bail out money is – well – stupid. Let’s move on to the next bail out and display our outrage. While you are at it, let’s pretend like Obama’s next trillion dollars is going to fix everything. Better yet, let’s just get mad at Soap and feel better.

    To quote Familyman: GEEEEEEEESH

  43. #43
    On December 19th, 2008 at 4:33 pm, WarEagle82 said:

    I am a bit confused. Isn’t there a document somewhere that says the government is here to do the will of the people?

    This concept may not be as strong in today’s Washington, DC governing circles as it was when the nation was first organized. I am beginning to think “we the people” need to do something about “them, the politicians.”

  44. #44
    On December 19th, 2008 at 7:59 pm, love2rumba said:

    I just wrote REp. Hensnarling urging him to sue to stop this automaker bailout…we will see what he is made of.

  45. #45
    On December 19th, 2008 at 8:23 pm, nuss said:

    On December 19th, 2008 at 4:33 pm, WarEagle82 said:
    I am a bit confused. Isn’t there a document somewhere that says the government is here to do the will of the people?

    This concept may not be as strong in today’s Washington, DC governing circles as it was when the nation was first organized. I am beginning to think “we the people” need to do something about “them, the politicians.”

    The problem is that “we the people” have become “we the sheeple”. Politicians have long since learned that the citizenry are poorly informed, waste little time in thinking about issues, and are easily manipulated with empty rhetoric. I once thought it was arrogant to view fellow Americans as ignorant fools. But, recently I’ve read results of various polls that show just how misinformed most American are about issues. I am pessimistic that this will change anytime soon.

  46. #46
    On December 19th, 2008 at 9:14 pm, MtsEdge said:

    Slightly O/T, did anyone notice how McCain is now “condemning” Bush’s latest auto bailout????

    What nerve this man has. To review, he “suspended his campaign” so he could grandstand his way back to DC, only to sit on his rump and nod his head like a bobbing dog, voting “YES” on $700B bailout + PORK. In one fell swoop, he lost ALL credibility he had ever gained in his years in Congress. He really should just go away, like GWB.

    Stick a fork in both of them, instead of in my eyeball.

  47. #47
    On December 21st, 2008 at 10:51 am, happy2behere said:

    Who wants to sue? I do! I do!

  48. #48
    On December 21st, 2008 at 7:38 pm, corona said:

    So, Madchef, if you’re reading this, you haven’t killed yourself yet, so you are submitting to socialism.

    How does it feel?

  49. #49
    On December 22nd, 2008 at 1:16 am, rightwingrocker said:

    Instead of wringing their hands, I’d like to see fiscal conservatives in Congress put their money where their mouths are and file suit against this illegal, unconstitutional bailout.

    Amen.

    RWR
    http://www.rightwingrocker.com

You must be logged in to post a comment.


Fannie Mae: Brother Can You Spare $4.6 Billion?

February 29, 2012 01:58 PM by Doug Powers

42 Comments

The Bank of (Democratic Party) America

January 18, 2012 09:12 AM by Michelle Malkin

84 Comments

Bailing out the world

November 30, 2011 09:35 AM by Michelle Malkin

131 Comments

Breaking: Barney Frank will not seek re-election

November 28, 2011 09:54 AM by Michelle Malkin

168 Comments

Here are your 1 percent-ers: Obama’s bundlers

October 17, 2011 03:13 AM by Michelle Malkin

79 Comments


Categories: Subprime crisis

Follow me on Twitter Follow me on Facebook