http://www.madisonrecord.com/news/215294-doctor-asks-federal-judge-to-is...

http://www.afterdowningstreet.org/node/36799

Doctor asks federal judge to issue restraining order stopping bailout bill

10/10/2008 2:11 PM
By Steve Gonzalez

EAST ST. LOUIS-A Belleville doctor is asking a federal judge to bar President George W. Bush from enforcing the congressionally-approved financial industry bailout bill.

Dr. Randy J. Jung filed the request for a restraining order Friday, arguing Congress and Bush exceeded their constitutional authority when passing H.R. 1424, otherwise known as the bailout bill.

"In the spirit of the Magna Carta where the King and government are required to follow their own laws; and in the honorable tradition of the Judicial Branch of government providing checks and balances for excesses of Congress and/or the President, I would like to plead that a restraining order be issued preventing the 'bailout bill' from being enforced until after a federal judge has ruled on the above maters which strongly indicate that the Congress and President have exceeded their Constitutional authority passing H.R. 1424 as amended," the complaint states.

"After reading Article I, Section 8 of the U.S. Constitution, I do not see where Congress has the legal authority to deprive its citizens of property in the form of taxation to effect the above act and bailout the troubled financial district," the complaint also states.

Jung argues since the bailout bill is an attachment to mental health legislation, it makes it "extra topical to the spirit and scope of the mental health act" and is an effort to "get around the fact that the U.S. Senate is the originator of a bill raising revenue of $700 billion, which exceeds the rights of the US Senate as indicated in Article I, section 7.

"The U.S. Senate has taken away the constitutional right of the House of Representatives to originate bills for raising revenue; and is assuming that function for the Senate," the complaint states.

"Sometimes, children are abused by their parent, relative, acquaintance, or stranger," the complaint also states. "This abuse generally occurs in a milieu of neglect where other adults fail to allege that the perpetrator has exceeded his rights; and exercised his will over the child simply because he is powerful enough to do so."

U.S. District Judge Michael Reagan and Magistrate Clifford Proud have been assigned to the case. No hearings have yet been scheduled.