Tuesday, May 19, 2009
Posted by:
John Campbell
at
4:08 PM
One of the primary and fundamental pillars of a society based on capitalism and democracy is the rule of law and respect for contracts. It is hard to imagine any measure of order or fairness when the contractual agreements between two parties can be ignored, changed, or overruled by an omnipotent government force. Yet, that is exactly what the Obama Auto Task Force is doing today with the creditors and dealers of Chrysler and General… pardon me, I mean Government Motors.
Chrysler’s bondholders are secured by the assets and brands of the company. Yet, they are being asked to take a loss amounting to about 70 cents on the dollar with no stock or other ability to regain that loss. However, the United Auto Workers (UAW), whose debt from Chrysler is unsecured, is not being asked to take anywhere near that kind of loss. In reality, the UAW is receiving a significant percentage of equity in the company, which has been bailed out with taxpayer dollars that will ultimately provide the vehicle through which they hope to recoup all of their money.
The GM proposal is just as bad. Bondholders will get 10 percent of the company in exchange for what they are owed in the “deal” put together by the Obama team. The UAW however, will get 39 percent of the company for what they are owed. The problem here is that the bondholders are owed MORE money from GM than UAW is.
These proposals are in blatant disregard of the rights and obligations of contracts, all of which is being forced on these individuals, investors, retirees, and banks by the President and his team. To make matters worse, if you don’t comply with the President’s request, he will use his bully pulpit to condemn your attempts to simply enforce the terms of your contract and the rights comported to you thereby.
But it doesn’t stop there. The Obama team has now turned their insatiable ire and sights on the dealers, and in recent days we have seen the announcement of nearly 1,000 Chrysler dealers and about 1,100 GM dealers, all of whom have investments, contracts, and commitments, to simply go away, without compensation. Make no mistake, the dealers who have been allowed to stay and those who have been forced to go has been decided behind the scenes by the Obama Team, their contracts and commitments now mean nothing.
First of all, this action reflects the fact that the Auto Task Force team has no one on it with any experience whatsoever in the car business. Disposing of these dealers makes no sense at this moment. Sure, GM and Chrysler probably have too many dealers for the long term, but they are not in a long-term mode right now, they are in survival mode. If they have a market with ten dealers and reduce it to five, they will lose volume for at least the next year. But it should be recognized that dealers provide their own capital and marketing. The cost to GM and Chrysler to service a dealer is not exorbitant, and it is certainly less than the marginal profit from the incremental sales they provide day in and day out right now. About 100 dealers a month are closing their doors; attrition will naturally take care of the problem without the need for external action.
This plan also has failed to account for the employees of the 2,100 dealerships being discussed. These dealerships employ over 100,000 people, all of whom will soon join the rolls of the unemployed when these dealerships are finally closed. For an administration that claims to care about jobs, this action is a startling indication to the contrary.
There is no question that this is about cars and the car business, but it is also about the validity of contracts, the rule of law, and simple fairness. The bondholders and dealers should in no way receive any special deal or treatment, but they shouldn’t have their legal rights yanked out from under them by an overpowering administration either. This doctrine of simple fairness should be extended to all parties involved, from the bondholders to the unions; unfortunately the President’s auto task force has failed to do that.
and alot LESS blather about absolutely everything. My Gawd, what putrid-I'll take care of you-Nanny State flatulence. Focus, you useless Yutz: Do a FEW things well and forget about trying to paint yourself as the Saviour of Everything. Medved made some wonderful points today by first reading The Messiah's schedule of camera-cranking, video gum-beating, attention suction appointments just for today. A-Mazing and shallow beyond describing.
It looks like, except for our great warriors in our armed forces, we've raised dependent, panting WIMPS. Who else would be buying this crap except spoiled, dependent, needy, non-curious, non-critical, text messaging, ADD Idiots under 35?? |
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I'll tell you who else: spoiled, dependent, needy, non-curious, non-critical, text messaging, ADD idiots over 35.
America is on a suicide mission. The majority of our country and government has either no idea or no respect for our Founding Principles. We don't teach our Founding Principles. People pick and choose what they like from the Bill of Rights and disregard the rest. You even see people in Congress like John Campbell writing about this, but what action are they taking against it? Really? What concrete action are they taking? Why are they not on the news stations every hour talking about how the Fed is overstepping its bounds? It is time for some governors and state legislatures with cajones to sue the Fed to get them out of things they shouldn't be it and craft laws that get around Fed laws. They also need to let their law enforcement officials know that they need not enforce a majority of Fed laws. |
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When it is all said and done, the consumers will flock to Hyundai, Nissan, and Toyota. Who will trust goverment entities like GM and Chrysler to abide by thier warranties? What repair-shop (dealer or otherwise) will be willing to do warranty work? Think of doctors and Medicare.
In 5 years GM and Chrysler will be finished. |
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Get ready for ways that make it harder to buy anything but GM or Chrysler. Also, as long as they can bail them out courtesy of you and me, they will keep on truckin'. |
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This battle, more than any other we have yet fought with the Chosen One is the battle that will determine whether America remains a country of laws or a country of men.
I believe the attempt by the Obama people to usurp contract law for their political supporters' benefit is an outrageous violation of the Constitution, is a high crime or misdemeanor and is thus an IMPEACHABLE offense -- if it is allowed to move forward.
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:
“ No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
If this isn't a clear attempt to re-write law impairing the obligation of contracts, I don't know what is. The attempt to move the Crysler secured creditors to the back of the line does just that. This is an IMPEACHABLE offense.
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"The Bamma...blather...My Gawd...putrid...Nanny State flatulence...you useless Yutz...Saviour of Everything...Medved...The Messiah...camera-cranking...video gum-beating...attention suction...A-Mazing...shallow..."
Wow, that is some "A-Mazing" blather you have there.
You guys are a sure thing in 2012. |
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I'm using that from here on John!! Thanks. Pretty soon it'll be Government Motors versus all the Asian motors out there and maybe, just maybe, Ford if its fingernails hold out.
Be one COLD day in Hell before I'll buy anything from Government Motors. Government can't build anything that works not even at twice the cost (for perhaps half the product). |
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...a decision made with utter disregard for standard business practices? Whoda thunk it? |
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We'll all be poor, but happy (supposedly). |
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The UAW has been determined to be to big to fail. |
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Do not by GM, Chrysler, Ford: Honda, Toyota all the way! Both, esp Honda, are way out in front in mileage stats just look at the new hybrid from Honda: 4dr Insight. What is the world going to be like: no SUV, 4cyl pickup-front-wheel-drive, no Corvette, no Vans, no Mustangs... just a lot of hybrids, electrics and India cars that cost $2000.00 hold 5 (if you count the small running boards and handles on top of the car) OR are air powered... every 20 to 25 miles, with the air powered cars, you have to get out and pump the car full or air...hmmm great!? But you ALL forget: 12-21-2012 when elections mean nothing. You can just love the Mayans! |
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I am so concerned about Obama's attack on the Constitutional protections, an example of which is outlined in this tread, I blogged about it a couple of days ago (http://luciusquinctius.blogspot.com/2009/05/obama-assaults-rule-of-law.html). I toss and turn at night trying to figure out how Americans can take our country back. Maybe the TeaParty movement and the Republicans can kiss, make nice, and make some inroads into Congress in 2010 (http://luciusquinctius.blogspot.com/2009/05/congressional-teaparty.html). |
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" . . .cars that cost $2000.00 hold 5 (if you count the small running boards and handles on top of the car) OR are air powered... every 20 to 25 miles"
Thanks for a good laugh -- I needed it!
I had a car like this when I was in Spain -- a SEAT, which I used only to drive to work. It'd make about 35 MPH with a good tail wind. Left rear wheel came off and rolled past me one morning. Wife swore that my five year old son and I spent more time pushing it than driving it.
Other than that, it was a fine automobile . . . |
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