May 26, 2009

Is nationalization Constitutional?

I also received this in an E-Mail from a good friend and Scholar:

Something to ponder:

 

This is part of a letter from a Chrysler dealer as quoted by Mark Steyn in a recent column.

 

“On Thursday, May 14, 2009 I was notified that my Dodge franchise, that we purchased, will be taken away from my family on June 9, 2009 without compensation and given to another dealer at no cost to them. My new vehicle inventory consists of 125 vehicles with a financed balance of 3 million dollars. This inventory becomes impossible to sell with no factory incentives beyond June 9, 2009. Without the Dodge franchise we can no longer sell a new Dodge as "new," nor will we be able to do any warranty service work. Additionally, my Dodge parts inventory, (approximately $300,000.) is virtually worthless without the ability to perform warranty service. There is no offer from Chrysler to buy back the vehicles or parts inventory.

 

Our facility was recently totally renovated at Chrysler’s insistence, incurring a multi-million dollar debt in the form of a mortgage at Sun Trust Bank.”

 

The article this was lifted from was at www.noleftturns.ashbrook.org. Referring to this incident, note the call to property rights as enjoined in Law. What Article 1 Section 10 of the Constitution states in part: “No State shall …pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts…” While Amendment 14 Section 1, also states in part – “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; or deny any person within its jurisdiction the equal protection of the laws.” Notice in every case it states "No State..." 

 

So carefully note that not the Federal Government, not the President, the Executive Branch, Congress or Judiciary are anywhere mentioned or are anywhere prohibited (that I know of) against pursuing such things throughout those mentioned documents. Could this be the end of story?

 

If it is then say goodbye to the Republic as we have come to understand it. Someone does indeed understand this caveat.

 




Comments (8)

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This was my reply:
"You are correct about the "constitutionality" of this issue. Nationalizing the auto companies and banks is not unconstitutional at least under Article 1 and Amendment 14. As to the legality of doing so and the morality of doing so, that may be a different story. Remember that when the Constitution was written, States were by far the most powerful government entities and were actually intended to be basically independent as to their own affairs while the Federal Govt. was intended to deal with external trade and foreign relations almost exclusively. In the last 100 years we have seen a massive power grab by the Federal Govt. Now, States are passing legislation reaffirming their Constitutional rights (under Article 14 if I remember correctly.) Several months ago, I said that I thought all this nationalization would happen? I hope the American people get tired of this and put their foot down as they did last Tuesday in California. If this continues, it won't be long before they want to nationalize Churches too which will be the biggest source of future opposition toward the move to "Statism."

I thought this was an excellent topic for debate for the readers here. I posted my views on this as a comment so that readers of this can comment on the subject independently from my viewpoint.
I said goodbye to the Republic the day that Barry Obama (not his real last name) took over the country. And that's not all we need to get ready to say goodbye to. . . THIS is just the beginning.
2 replies · active 827 weeks ago
Over the last 10 years or so I have looked at our "Republic" as being on the same path as 2 other historical Republics that later came to be ruled by tyrants:
1. The Roman Republic which had representative rule until Julius Caesar took control and became the first of 400 years worth of sadistic emperors.
2. The Weimar Republic which was a weak democratic republic set up after Germany's surrender at the end of World War 1. The harsh conditions placed on the Weimar Republic by the "league of nations" led to an attempt to print enough money to pay it's war debts which led to rampant inflation and economic collapse. Then Hitler won an election promising hope and change. Does this even remotely sound familiar?

In both cases, republican forms of government led to the worst tyrants in history. I hope we are not on a similar path but I see many similarities to both. Personally I have a hard time picturing Obama relinquishing power. I hope I'm wrong.
Well the founders never ever dreamed that the Fed would be able to do such a thing. They thought the States might try it; but fiigured that the Fed would not have the power to begin with.
The Fed had very limited powers to begin with and so there was no need to say that it could not; as nothing was ever stated that would have allowed them to be able to. Their powers were narrowly laid out.

Now that We have allowed all of that to be screwed up, I do not know what WE can do about it, but WE are going to have to try.
2 replies · active 827 weeks ago
The idea of the Federal govt. being so powerful as to nationalize anything at that time probably seemed absurd.
I am sure it would have...
During the intermission of the NBA game this evening, I was channel surfing and stumbled across Greta V.S. on Fox news interviewing a Chrysler Dealership owner. He was unhappy because after he supported Obama and his government takeover of Chrysler and the systematic ripoff of it's shareholders, his dealership was shut down. Then just a week later, Chrysler announced it is now looking for new dealerships. Ha! I have beat this dead horse again and again and will continue to do so for the next 3.5 years. Obama is hurting those who support his criminal activities FIRST AND FOREMOST! YOU WHO SUPPORTED HIM WILL PAY DEARLY! I HOPE THIS IS THE CHANGE YOU WANTED! (I'm trying to keep in the spirit of ranting here)

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