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Old 10-03-2008, 09:17 AM   #1
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Why you should call your Representative and urge a "No" vote on the bailout

I can't take credit for this commentary, but I am thrilled someone had the time to put forth the effort to put it into layman's words. Everything below this point is from someone else, with permission:
__________________________________________________ ____________

I don't know what you think about the bill, but I have actually read a lot of it. Every American should read this and send it to as many people as possible. Here is most of the first ten pages unedited, with my own cliff notes in bold:

I was tired by writing this so excuse any mistakes in spelling, etc. I stayed up llate last night to analyze this bill. [My notes are in Brackets and Bold]

Here is the actual PDF of the bill from Nancy Polosi's weblog:

http://www.speaker.gov/pdf/AYO08C04_xml515pm.pdf

Here is the synopsis of the bill (from page 1):

To provide authority for the Federal Government to purchase
and insure certain types of troubled assets for the purposes
of providing stability to and preventing disruption
in the economy and financial system and protecting taxpayers,
and for other purposes.

[Note: "for other purposes."]

1 SEC. 2. PURPOSES (from page 3)
.
2 The purposes of this Act are?

3 (1) to immediately provide authority and facili-
4 ties that the Secretary of the Treasury can use to
5 restore liquidity and stability to the financial system
6 of the United States; and

[This is an unprecedented authority that basically gives the Secretary of Treasury complete control over the entire economy]

7 (2) to ensure that such authority and such fa-
8 cilities are used in a manner that?

9 (A) protects home values, college funds, re-
10 tirement accounts, and life savings;

[The reason our economy is in trouble is because home values are already too high. A home used to cost $40,000 that could now sell for $400,000. Colleges that cost 4,000 now cost 40,000. These are the main reasons for the economic problems of today. In a free supply and demand economy, as the price of colleges skyrocketed, less people would've been able to afford it. This would have allowed college prices to adjust back to what is affordable and reasonable. Instead, student loans were given out freely to whomever wanted them. This increased the amount of goods the people were able to afford artificially, and thus increased the ability to demand an insanely expensive education. When the ability to demand these educations increased so did the price. This same thing happened with home values. The only reason homes were ever $200,000, is because instead of buying less homes and allowing the market to adjust, people bought more homes at higher values for the last 40 years which caused the prices to skyrocket. Without credit, less homes would have been sold overall, and the price for a nice home would still only be $40,000.

Therefore by protecting the values of our homes, this bill ensures that the market will never adjust correctly. Therefore, and for this reason alone, this bill if passed essentially marks the end of free market capitalism economics.]


11 (B) preserves homeownership and pro12
motes jobs and economic growth;

[Sure sounds like a great bill!]

13 (C) maximizes overall returns to the tax14
payers of the United States; and

[Wow, this bill rocks!]

15 (D) provides public accountability for the
16 exercise of such authority

[Wait doesn't the constitution specifically deny this kind of authority to the Secretary of Treasury, who is appointed at the whim of the President? Last time I checked this authority belonged to the legislative branch, not the executive.]


17 SEC. 3. DEFINITIONS.
[Following this Section is not important until the 6th definition comes into play, at which point new powers are instilled into the treasury within the definition itself. Mind you this is before any of the legislation has even been discussed]

[From page 5-6:]

(6) FUND.?The term ??Fund?? means the Trou6
bled Assets Insurance Financing Fund established
7 under section 102.

8 (7) SECRETARY.?The term ??Secretary?? means
9 the Secretary of the Treasury.

10 (8) TARP.?The term ??TARP?? means the
11 troubled asset relief program established under sec
12 tion 101.

13 (9) TROUBLED ASSETS.?The term ??troubled
14 assets?? means?
15 (A) residential or commercial mortgages
16 and any securities, obligations, or other instru
17 ments that are based on or related to such
18 mortgages, that in each case was originated or
19 issued on or before March 14, 2008, the pur
20 chase of which the Secretary determines pro
21 motes financial market stability; and

[This following is the most important definition (of ?troubled assets?), read closely from page 6:]

22 (B) any other financial instrument that the
23 Secretary, after consultation with the Chairman
24 of the Board of Governors of the Federal Re
25 serve System, determines the purchase of which

[page 6 start]

1 is necessary to promote financial market sta-
2 bility, but only upon transmittal of such deter-
3 mination, in writing, to the appropriate commit-
4 tees of Congress.

[?Any financial instrument that the Secretary? determines the purchase of which is necessary to promote financial market stability, but only upon the transmittal of such determination in writing to the appropriate committee of Congress.? What this essentially means is the Secretary of Treasury from this point on will determine what a ?troubled asset? actually is. The Secretary will inform, or tell the Congress what his determination. No approval is necessary from Congress for it actually to be a troubled asset.
Which brings us into the next section on the next line of the same page:]


5 TITLE I?TROUBLED ASSETS
6 RELIEF PROGRAM

7 SEC. 101. PURCHASES OF TROUBLED ASSETS.

8 (a) OFFICES; AUTHORITY.?
9 (1) AUTHORITY.?The Secretary is authorized
10 to establish a troubled asset relief program (or
11 ??TARP??) to purchase, and to make and fund com-
12 mitments to purchase, troubled assets from any fi-
13 nancial institution, on such terms and conditions as
14 are determined by the Secretary, and in accordance
15 with this Act and the policies and procedures devel-
16 oped and published by the Secretary.

[Not only is the secretary allowed to create the program that will handle whatever troubled assets he feels deserve a crap-load of our tax dollars for any reason at all.]

17 (2) COMMENCEMENT OF PROGRAM.?Establish-
18 ment of the policies and procedures and other simi-
19 lar administrative requirements imposed on the Sec-
20 retary by this Act are not intended to delay the com-
21 mencement of the TARP

[This basically says, even if restrictions are placed on TARP by Congress, they do not need to be followed if they will slow down the commencement of TARP. This means they do not need to follow any restrictions at all if they feel it will restrict their progress.]

23 (A) IN GENERAL.?The Secretary shall im
24 plement any program under paragraph (1)
25 through an Office of Financial Stability, estab-
[start of page 7]

1 lished for such purpose within the Office of Do-
2 mestic Finance of the Department of the Treas-
3 ury, which office shall be headed by an Assist-
4 ant Secretary of the Treasury, appointed by the
5 President, by and with the advice and consent
6 of the Senate, except that an interim Assistant
7 Secretary may serve pending confirmation by
8 the Senate.

[This allows the Secretary of Treasury to create new department of the executive branch called the Office of Financial Stability, without approval of Congress or the Senate. The only thing the Senate may approve according to this, is the appointee by the President who heads this office. Of course if they never approve the appointee, they can just name another appointee of their choice in the meantime, so Congress?s approval does not matter at all.]

...continued
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Old 10-03-2008, 09:18 AM   #2
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18 (b) CONSULTATION.?In exercising the authority
19 under this section, the Secretary shall consult with the
20 Board of Governors of the Federal Reserve System, the
21 Corporation, the Comptroller of the Currency, the Direc-
22 tor of the Office of Thrift Supervision, and the Secretary
23 of Housing and Urban Development.

[I have already stated that this is the creation of a new authority, this proves that the authority will only be answerable to the Executive branch of government. Essentially, what this creates is a new 4th branch of government - We have the Legislative, Executive, Judicial, and now the Treasury Branch.]


24 (c) NECESSARY ACTIONS.?The Secretary is author-
25 ized to take such actions as the Secretary deems necessary

[Page 8]

1 to carry out the authorities in this Act, including, without
2 limitation, the following:

[?The Secretary (of Treasury) is authorized to take such actions as the Secretary deems necessary to carry out this act, including, without limitations??

This means the Secretary of Treasury will have the power to do anything it deems necessary to manipulate the economy, with no limits imposed (by Congress or any other branch of government.) It says the following are included powers but he can take any action without any limitation to manipulate the economy as he sees fit.]


3 (1) The Secretary shall have direct hiring au-
4thority with respect to the appointment of employees
5 to administer this Act.
6 (2) Entering into contracts, including contracts
7 for services authorized by section 3109 of title 5,
8 United States Code.

[This is a key part to the bill:]

9 (3) Designating financial institutions as finan-
10 cial agents of the Federal Government, and such in-
11 stitutions shall perform all such reasonable duties
12 related to this Act as financial agents of the Federal
13 Government as may be required.

[Basically this is saying the Secretary of Treasury now has the ability to Communize any financial institution, bank credit union, etc. into a federal agency of the government. Here is the definition of ?Financial Institution? on page 4 paragraph

(5): 5) FINANCIAL INSTITUTION.?The term ??financial institution?? means any institution, including, but not limited to, any bank, savings association, credit union, security broker or dealer, or insurance company, established and regulated under the laws of the United States or any State, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, etc. etc.

This means the government under this bill can turn your home credit union or town bank into a federal financial agency. That means it can communize your funds for the good of the market place if necessary. Or do anything else the secretary determines to be suitable to manage (manipulate) the marketplace.]



(4) In order to provide the Secretary with the
15 flexibility to manage troubled assets in a manner de-
16 signed to minimize cost to the taxpayers, estab-
17 lishing vehicles that are authorized, subject to super-
18 vision by the Secretary, to purchase, hold, and sell
19 troubled assets and issue obligations.

[In order to lower overall taxes, the Secretary of Treasury can authorize any bank or financial institution to buy, sell, or hold any assets it deems troubled (this may be your 401K, your IRA, or any other asset it deems troubled.) Holding an asset means the Treasury will be able to seize these assets of ours. Issuing obligations means that it can issue any debt to any holder of any troubled asset. Which means after it takes your 401 K, the new Treasury branch of the government can force you into slave labor or debtors prison (both are essentially the same thing.)]

(5) Issuing such regulations and other guidance
21 as may be necessary or appropriate to define terms
22 or carry out the authorities or purposes of this Act.

[This gives the new Treasury branch the authority to issue any new regulations it deems fit, as long as they can prove it may be necessary to issue obligations (debt) or otherwise buy, sell, and hold any asset it deems troubled.]

23 (d) PROGRAM GUIDELINES.?Before the earlier of
24 the end of the 2-business-day period beginning on the date
25 of the first purchase of troubled assets pursuant to the
[page 9]

1 authority under this section or the end of the 45-day pe-
2 riod beginning on the date of enactment of this Act, the
3 Secretary shall publish program guidelines, including the
4 following:
5 (1) Mechanisms for purchasing troubled assets.
6 (2) Methods for pricing and valuing troubled
7 assets.
8 (3) Procedures for selecting asset managers.
9 (4) Criteria for identifying troubled assets for
10 purchase.

11 (e) PREVENTING UNJUST ENRICHMENT.?In making
12 purchases under the authority of this Act, the Secretary
13 shall take such steps as may be necessary to prevent un
14 just enrichment of financial institutions participating in
15 a program established under this section, including by pre
16 venting the sale of a troubled asset to the Secretary at
17 a higher price than what the seller paid to purchase the
18 asset. This subsection does not apply to troubled assets
19 acquired in a merger or acquisition, or a purchase of as
20 sets from a financial institution in conservatorship or re
21 ceivership, or that has initiated bankruptcy proceedings
22 under title 11, United States Code.

[Basically this is saying that the Secretary who creates the TARP program, will be solely responsible for making sure it is carried out justly and that no one gets rich from the program. No one from the public that is. This section does not address possible abuses and conflicts of interest that the Secretary may face. It just makes sure no taxpayers can take advantage of the Treasury?s new authority.]

23 SEC. 102. INSURANCE OF TROUBLED ASSETS.
24 (a) AUTHORITY.?
[page 10]
1 (1) IN GENERAL.?If the Secretary establishes
2 the program authorized under section 101, then the
3 Secretary shall establish a program to guarantee
4 troubled assets originated or issued prior to March
5 14, 2008, including such mortgage-backed securities.
6 (2) GUARANTEES.?In establishing any pro-
7 gram under this subsection, the Secretary may de-
8 velop guarantees of troubled assets and the associ-
9 ated premiums for such guarantees. Such guaran-
10 tees and premiums may be determined by category
11 or class of the troubled assets to be guaranteed.
12 (3) EXTENT OF GUARANTEE.?Upon request of
13 a financial institution, the Secretary may guarantee
14 the timely payment of principal of, and interest on,
15 troubled assets in amounts not to exceed 100 per-
16 cent of such payments. Such guarantee may be on
17 such terms and conditions as are determined by the
18 Secretary, provided that such terms and conditions
19 are consistent with the purposes of this Act.
20 (b) REPORTS.?Not later than 90 days after the date
21 of enactment of this Act, the Secretary shall report to the
22 appropriate committees of Congress on the program estab-
23 lished under subsection (a).

[This sounds like strict Communist ideology. The last lines mean that the Secretary of Treasury only ever needs to report once to Congress within 90 days after this bill has been enacted, and TARP has been established. Actually, it doesn?t even allow the Secretary to report to Congress later than first 90 days of TARP].

These are just the first 10 pages of this Unconstitutional piece of legislation. Essentially what you have just read creates a new fourth branch of government, the Treasury Branch. This new Branch is only checked and balanced by the Executive Branch. With these new powers to manipulate the economy, the Secretary of Treasury will become more powerful than the Presidents. There may come a time when the Secretary of Treasury hand picks the presidential nominees, and not the other way around. Please share this information with as many people as you possibly can. Time is running out on the America our forefathers built.
__________________
First they came for the Socialists, and I did not speak out -because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out -because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out -because I was not a Jew.

Then they came for me - and there was no one left to speak for me.

-attributed to Pastor Martin Niemoller (1892/1984)
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Old 10-03-2008, 09:20 AM   #3
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C-span video of the Honorable Brad Sherman spelling it out for folks.


I cannot imagine how anyone who has actually READ this bill could support it for a SECOND, yet I hear people (in RL mostly) constantly complaining about the House for not passing it!
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Old 10-03-2008, 09:32 AM   #4
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I emailed jan ****kowsky but it already voted for it so i'm not expecting anything different.
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Old 10-03-2008, 09:57 AM   #5
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Quote:
Originally Posted by mjfan12 View Post
I emailed jan ****kowsky but it already voted for it so i'm not expecting anything different.
Maybe not, but if we ALL speak up who read this... that's a lot of people.

Please, folks, find your rep and speak up!

http://www.govtrack.us/congress/vote.xpd?vote=h2008-674 (This was the first vote), you can get your Rep's contact info from here, and know how they voted the first time around.
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