With the massive amount of activity that has taken place during the four months since Barack Obama took office in January, few questions have been asked concerning whether what is being done violates the Constitution. There have been a sprinkling of stories that bring up certain aspects of Constitutional violation and it has been brought up occasionally on talk shows, but a real discussion of Constitutional violations has been neglected.
Rather than try and touch on the many specific areas where there are Constitutional questions this post will discuss the most recent violation which has occurred with the bankruptcy of the Chrysler Corporation. There is clearly a violation of the separation of powers in the Constitution as far as the Judicial Branch and the Executive Branch in the way that the bankruptcy has been handled.
Let me explain. When a company files for bankruptcy protection they are requesting that the court through legal channels provide protection from creditors as the company attempts to restructure under the bankruptcy protection. The courts also work with company in bankruptcy with the restructuring, providing legal decisions to better use company assets etc. in paying off debt and rebuilding the company so that it may once again become a viable profit making entity.
The bankruptcy of Chrysler has been handled by the task force that was appointed by Barack Obama. This task force at the behest of the President has through pressure being brought to bare forced stock holders to take 29 cents on the dollar in return for their investment while giving the UAW a much higher return and a 55% controlling interest in the corporation.
Additionally news came out that Chrysler had budgeted 134 million dollars for advertising while in bankruptcy and the task force cut that budget in half. Whether Chrysler spends 134 million or 67 million for advertising is not the point. The point is where in the Constitution does the Executive Branch have the authority to control anything that is under the jurisdiction of the Judicial Branch as is the case when a company is in bankruptcy ?
It is not the responsibility nor does the Obama administration have the Constitutional authority to negotiate, restructure, decide stock options and who and how much stock holder are payed for their investment, or decide budgetary matters with any company seeking or within the perimeters of bankruptcy protection because it is strictly a Judicial matter and as such is Constitutionally handled by the courts and not the White House.
Nowhere in the Constitution does it allow the Executive Branch any authority in Judicial matters except the Presidential authority to appoint judges to all levels of the Federal Court System. Beyond that authority the President, a Presidential task force nor any other entity within the Executive Branch are Constitutionally allowed to delve into Judicial matters.
The Executive Branch can like any citizen present a case before the courts but cannot assist in the control and structuring of a bankruptcy as the Obama administration is doing with the Chrysler situation. Every aspect of a bankruptcy is a Judicial matter working with the particular company seeking protection. Yet the Obama administration is clearly over stepping Constitutional authority and violating the separation of powers by controlling all aspects of the Chrysler bankruptcy.
Where is the out cry about this Constitutional violation ? The lock step love affair of the media with Obama has not even questioned this clear violation. The courts have not questioned the violation. Yet the violation is real and over stepping greatly the Constitutional bounds separating the powers of each Branch of the Federal Government.
How long will Constitutional outrages like this be allowed to continue and Obama’s complete and utter disregard for our Constitution finally be challenged and his violations be brought before the courts and the public for the legal scrutiny they demand? Or will everyone just sit back and allow Obama to control the courts in the same way that Hugo Chavez has taken control of the court system in Venezuela !
Ken Taylor http://theliberalslies.blogspot.com