This morning's paper had a nice editorial by George Will entitled, "Bail-out Erases Constitutional Boundaries . In it, Mr. Will is calling for Congress to subsist from giving power to the executive branch.
Our Founding Fathers divided power amongst three branches that should not "over-ride" the other. This was what a lot of "hoopla" was about over Bush's abuses at Guatanamo Bay.
The Economic Stabilization Act of 2008 (EESA) should be considered unconstitutional, as it gives $700 billion to the executive branch to "do as it will", without accountability. This is, in effect legislation, as the executive branch is not dependent on Congress to approve their choices. Congressional leadership is accountable to their constituencies, but the executive branch weilds power for 4 years, without recourse, as long as there is no reason for impeachment.
Americans do not believe in arbitrary power.So, whatever the executive branch determines to do with the $700 billion, they have power of enforcement, and/or sanction, which should be disturbing to the American public. It seems that the Democratically led Congress has given leeway for the executive branch to have this right and power over the people.
The State then has Sovereignty over the sovereignty of the people and the individual American. We have been known as a government that has been "for and by the people". Now, I'm afraid that the government represents their own interests, in the name of the people and for the "people's "good", which limits how the individual can choose their own good.