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View Diary: Can "the People" Sue the US Congress? (106 comments)

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  •  This is an interesting argument. (1+ / 0-)
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    VClib

    If Congress is only empowered to establish and fund a Postal Service, including reasonable payments into an employee retirement system, then overpayments into the retirement system are beyond Constitutional mandate.  Let's keep in mind that the Constitution was designed to limit the Federal Government's powers, not to empower it.

    If members of Congress passed legislation dictating overpayments into an employee retirement system, with the express purpose of bankrupting the Postal Service, then one could argue they have acted unConstitutionally and have exceeded their authority.  However, in this case, the remedy would not be through criminal law, but through reparations.

    (However, note that Congress has habitually over the last 20 or so years overcharged patent applicants for the US Patent and Trademark Office's services, and "excess fee receipts" have simply vanished into the General Fund, despite the loud grumbling of powerful interested patent "stakeholders".  As such, the unConstitutionality argument is generally not a strong one.  It would be stronger, however, with proof the legislation dictating overpayments to the USPS employee retirement accounts was designed specifically to wreck the USPS; that's a fundamentally different situation than for the Patent Office.)

    We reach for the stars with shaking hands in bare-knuckle times.

    by TheOrchid on Mon Dec 05, 2011 at 10:33:11 AM PST

    [ Parent ]

    •  Thank you for your reply but ... (0+ / 0-)

      You wrote

      If members of Congress passed legislation dictating overpayments into an employee retirement system,

      That's just it ... Congress has not passed legislation dictating overpayments go anywhere.

      Darrell Issa is the one who is trying to pass such legislation and, according to the Diary, saying that if Congress gives back the Worker's money then that's a Bailout - which is bullsh$t.

      Right now, the Congress knows that Postal Workers have overpaid but refuse to give them their overpayment back.

      Currently, the only laws on overpayment to the Treasurer say that the People get a refund back when they overpay.

      It's like if your boss took out an extra $300K from your FICA and then the Treasurer said you can't have your FICA overpayment back because we want to keep it in the FICA fund ... Congress has no authority to do that.

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