Court oversight neglected

September 30, 2008
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Hey, there. I’ve found myself in a bit of a pickle financially and need around $700 billion. Can you lend it to me without me telling you what I need it for? Thanks. But by the way, if I don’t repay it, or I do things with the money that you don’t like, you have no recourse to get your money back.

What? You don’t want to lend me the money anymore? But I really need it, and if you don’t give it to me, bad things will happen. You should just overlook the fact that my decisions in what to do with the money can’t be reviewed by the courts.

That’s pretty much how I interpret what’s going on with the bailout package proposed by President Bush’s administration. They’ve focused so much on the doom and gloom that will happen if this package isn’t passed by Congress that the general public may not know about Section 8 of the legislative proposal for the treasury to be able to buy mortgage-related assets.

Section 8 of the original resolution states: “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.”

But Congress must not have liked that lack of oversight because the unlimited powers for the secretary of the treasury outlined in the original resolution were changed. The amended resolution includes Section 119 – Judicial Review and related matters. Under this section, actions by the treasury secretary under this act can be held to be unlawful and set aside if they are found to be arbitrary, capricious, an abuse of discretion, and not in accordance with the law.

Wasn’t a lack of review and oversight what got the U.S. into the financial mess it’s in now? The president, his administration, and Congress need to slow down and examine this package thoroughly because if it passes, it needs to be the best possible scenario for Wall Street, financial institutions, and taxpayers, or else we could just end up in this mess again in a few years.
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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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