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It has become commonplace for presidents to ignore the Constitution and the law.  Unfortunately, supposedly conservative presidents don't behave much differently.

Terence Jeffrey reviews President George W. Bush's bail-out of the auto industry.  His action violates the bail-out bill approved by Congress, which limited funds for financial institutions.  Explains Jeffrey:

President Bush, of course, failed to get Congress to enact legislation to provide money to auto companies.

That brings us back to the Constitution. Article 1, Section 9 reads, "No money shall be drawn from the treasury, but in consequence of appropriations made by law."

In his commentaries on the Constitution, Justice Joseph Story explained why the Framers gave Congress this power. "If it were otherwise," he said, "the executive would possess an unbounded power over the public purse of the nation; and might apply all its monied resources at his pleasure."

President Bush may think his auto bailout spared his legacy a bad mark. In fact, it leaves America to be haunted by the precedent of an executive who unilaterally spends the people's money without the legal authority required by our Constitution.

Unfortunately, when President Barack Obama follows suit on one issue or another, there won't be much for Republicans to say.  And conservatives will need to expunge the ghost of George W. Bush to reclaim any credibility on fiscal issues or the rule of law.

View all comments (11) | Leave a comment

vincep1974| 12.31.08 @ 6:54PM

Unfortunately, when President Barack Obama follows suit on one issue or another, there won't be much for Republicans to say

I wrote this to the RNC this morning:

From: xxx
Sent: Wednesday, December 31, 2008 11:28 AM
To: 'MemberRelations@gop.com'; 'Chairman@gop.com'; 'ical@gop.com'
Subject: Regarding news reports about RNC and principles

I saw in the Washington Times that a RNC member is proposing to admonish the Socialism that Bush brought to the country.

Please pass this resolution and also enforce the party platform with the politicians.

We need to save our way of life and Constitution. They are being destroyed right now. The Republican Party must radically change course to protect the country.

Steve Lee| 12.31.08 @ 7:58PM

Yes, the United States has taken one small step towards Socalism.
We think that President Bush approved the financial aid for the auto industry so as to not have 10% of the economy collapse in the last days of his administration.
Now President Obama is going to take larger steps with his Economic Recovery Plan, Click Link:
Obama to Push Electric Cars

VinceP1974| 12.31.08 @ 8:56PM

Here comes the fascism.. the tryannical gov is starting to boss private business and citizens about their economic decisions.,

Bob| 1.1.09 @ 9:07AM

Perhaps the government should not have built the highway system. Private enterprise could have done this better, right? Perhaps the government should not have developed the space program. The push towards becoming energy independent is a national security and economic issue, just like interstate highways and the space program. And yes, that should include nuclear plants and more drilling.

You are talking about the unitary executive principle. Bush put more signing statements on bills than any other President. That is unconstitutional. In addition, I believe that many of his executive orders were unconstitutional. What gets to me is that many of you think that Bush was a good President....

VinceP1974| 1.1.09 @ 9:35AM

Bob, you purport to be a Libertarian.. your questions should answer themselves.

Deborah| 1.1.09 @ 10:29AM

Vince -- Hear! Hear!

Bob| 1.1.09 @ 10:47AM

Vince, I am a libertarian leaning Republican, I am not a true libertarian, and that is obvious. The difference between the two is that I do believe there are valid projects that the federal government should pursue and it is a balance. On the other hand, I'm for reforming those things that cost the most money like social security and medicare and bringing personal responsibility more into the equation. Yes, interstate infrastructure, the space program, and becoming energy independent are three things I think the federal government should engage in.

Deborah -- you should think a bit more about your cheering. Do you really believe in a true libertarian agenda?

Groucho| 1.1.09 @ 8:12PM

Mr Bandow --

You forgot to mention that Obama finds his country so imperfect that he pals around with terrorists.

When are you going to stop pussy-footing around?

Deborah| 1.2.09 @ 5:08AM

Yes, Mr. Bandow, I still have a deep gash in my back from the shiv President Bush shoved deeply into it on the way out the door. Why isn't any Republican challenging the auto bailout at the least? It does seem to me to be totally unconstitutional. The way TARP was passed did not include such a provision, so why is this going forward? When those in charge of making the laws and enforcing the laws abandon their basic responsibilities, then the country is ready for a quick downhill slide. Thanks for your post.

William R. Barker| 1.2.09 @ 10:49AM

The bottom line is... your average politician, elected official, appointed official, even your average judge... has little understanding of constitutionalism as a concept and less respect for same in terms of institutional prerogatives.

Hell - on almost any clear-cut constitutional question you'll get four, and often five, of the Justices of the Supreme Court of the United States to rule THE WRONG WAY!

(*SNORT*)

"Rights?" (*SNIDE CHUCKLE*)

"Responsibilities?" (*HYSTERICAL BURST OF LAUGHTER*)

The idea of fixed "rules...???" Ha! Ha! Ha! Oh... thank God I can still laugh - even though there's little humor in the truth I refer to.

Do I have any answers? Nope. I wish I did, but I don't. All we can do is watch our nation descend - week after week, month after month, year after year, decade after decade - into the European democratic socialist welfare state model.

Sure. I expect upticks over time. We may yet see "another Reagan" one day. But on balance, over the long haul, we're slipping and sliding into the abyss of a failed experiment. Our democratic Republic...? Kaput.

Enjoy 2009!

BILL

biniki| 8.28.09 @ 10:55PM

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bikini swimwear

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More Blog Posts by Doug Bandow

http://spectator.org/blog/2008/12/31/another-awful-bush-precedent-f

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