Bailout Bill: Congress Commands AUTOMATIC STAY of court-PROVEN Constitutional Violations!!!!!!

Land Shark

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Mon Sep-29-08 12:07 AM
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Bailout Bill: Congress Commands AUTOMATIC STAY of court-PROVEN Constitutional Violations!!!!!!

Edited on Mon Sep-29-08 12:20 AM by Land Shark

Conclusions:

1. The Sec. of Treasury can violate all statutes with impunity, & no one can sue.

2. Even if you prove a constitutional violation in court, Congress stays any order in your favor PROVING A CONSTITUTIONAL VIOLATION until the secretary is done appealing -- or doesn't want the stay.

3. So, in effect, after you take a Constitutional whipping for months or years in appellate courts, and if you finally win in the trial court and the final court of appeal, you will get no money -- just an equitable order for the Secretary to stop violating your CONSTITUTIONAL rights (an equitable injunction).

4. But, even then, he can always keep on violating your statutory rights, forever.

As a practical matter,

Congress is staying, or stopping actions even where constitutional violations are PROVEN. In fact, that's the ONLY time the stay in section 4 below applies, and only Constitutional claims are allowed.

Read it for yourself, and weep, comparing especially section 2(A) with section 4, (square bracketed items are my shortenings or explanations):

Section 119: Judicial Review and Related Matters

(a) JUDICIAL REVIEW.
(1) STANDARD.�Actions by the Secretary pursuant to the authority of this Act shall be subject to chapter 7 of title 5, United States Code, including that such final actions shall be held unlawful and set aside if found to be arbitrary, capricious, an abuse of discretion, or not in accordance with law. {N.B. only equitable actions challenging administrative agency decisions under Title 5, section 7, are allowed, and not claims for money damages. (Title 5, section 7 also provides that its relief is further limited under any other terms provided by any other law, including this new bill, if passed�) so the limitations on �equitable relief� below constitute limitations on the entire field of judicial relief available}

(2) LIMITATIONS ON EQUITABLE RELIEF.

(A) INJUNCTION.�No injunction or other form of equitable relief shall be issued against the Secretary for actions pursuant to section 101, 102, 106, and 109, other than to remedy a violation of the Constitution.

(B) TEMPORARY RESTRAINING ORDER. � {If allowable for constitutional violation, it has to be} granted or denied by the court within three days of the date of the request.

(C) PRELIMINARY INJUNCTION.�{If allowable for constitutional violation, it has to be} considered and granted or denied by the court on an expedited basis {�}

(D) PERMANENT INJUNCTION.�{If allowable for constitutional violation, it has to be} considered and granted or denied by the court on an expedited basis. Whenever possible, the court shall consolidate trial on the merits with any hearing on a request for a preliminary injunction, {�}

(3) LIMITATION ON ACTIONS BY PARTICIPATING COMPANIES.�No action or claims may be brought against the Secretary by any person that divests its assets with respect to its participation in a program under this Act, except as provided in paragraph (1), other than as expressly provided in a contract with the Secretary. {i.e. unless the Secretary agrees to be sued in writing, and signs it, and gets some consideration in return for that, the necessity of a valid contract}

(4) STAYS.�

Any injunction or other form of equitable relief issued against the Secretary

for actions pursuant to section 101, 102, 106, and 109, {N.B. and ONLY constitutional violations are allowed to be heard, per Section 2(A) above]

shall be automatically stayed.

The stay shall be lifted {only if the Secretary doesn�t promptly appeal, seeking a stay}.

READ THE ENTIRE BILL HERE: https://financialservices.house.gov/essa/ayo08c04_xml.pdf

Just don't get excited by a provision that giveth, until you've read the parts that taketh away....

Now, I haven't fully analyzed the remainder of the 117 page bill, but i know some will point to 'transparency' provisions and 'reports to Congress'. Perhaps YOU, dear reader, have the entire Congress in your pocket and can move them to get you some personal relief, provided Congress has not delegated and abdicated all its authority in that area.

But I would emphasize this: