Given the news in the current rec'd diary about the Bush power grab that is contained in the proposed banking bailout, we need to make sure that ALL of our Senators are aware of Bush's last hurrah for the unitary executive. My letter to Senator McCaskill below the fold (and since she's on Obama's team, I included a little suggestion to the campaign at the end).
Thanks to Larry Madill for highlighting the relevant sections which I also include in my letter.
Senator McCaskill,
The proposed bailout of the investment banking industry has some disastrous language that would transfer power from Congress to the Executive Branch. This is one last attempt by the Bush Administration to strengthen the unitary executive and weaken the legislative branch. We must not let him get away with this as he leaves office. As bad as the banking crisis is, it is not bad enough that we must wad up the Constitution and throw it in a wastebasket as Bush/Cheney have done time and time again over the last 8 years. Here are the critical parts of the proposal that we need you to fight to remove:
(a) Authority to Purchase.--The Secretary is authorized to purchase, and to make and fund commitments to purchase, on such terms and conditions as determined by the Secretary, mortgage-related assets from any financial institution having its headquarters in the United States.
(b) Necessary Actions.--The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this Act, including, without limitation:
(1) appointing such employees as may be required to carry out the authorities in this Act and defining their duties;
(2) entering into contracts, including contracts for services authorized by section 3109 of title 5, United States Code, without regard to any other provision of law regarding public contracts;
(3) designating financial institutions as financial agents of the Government, and they shall perform all such reasonable duties related to this Act as financial agents of the Government as may be required of them;
(4) establishing vehicles that are authorized, subject to supervision by the Secretary, to purchase mortgage-related assets and issue obligations; and
(5) issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities of this Act.
Note in the first section it says the Secretary of Treasury can do any of that WITHOUT LIMITATION>
More:
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
Senator McCaskill, this is unconstitutional. The executive branch cannot be given that much unchecked power. I would encourage you to do all you can as our Senator to have this language removed from the rescue plan. Also I would ask you as a member of Obama's campaign team to make sure that Senator Obama shines the disinfecting light of sunshine on the power grab by the Bush Administration.
Thank you for your attention to this important matter.
-docstymie