Tracktwentynine
OBS Chief
As reported in the The Hill, the Congressional Research Service has opined that Representative Mica's proposal to split the NEC off from Amtrak is unconstitutional. They posit that the transaction violates the takings clause of the Constitution.
From the article:
From the article:
The Congressional Research Service said this week that the House Republican plan to privatizing rail service currently provided by Amtrak would violate the Takings Clause of the U.S. Constitution.
Looking into the proposal at the behest of Democrats on the House Transportation and Infrastructure Committee, the CRS ruled that the proposal to transfer assets in the Northeast Rail Corridor currently owned by Amtrak to the Department of Transportation runs afoul of the constitutional provision that requires compensation for transactions of value.
"The terms of the clause make plain that if the proposed bill were enacted, Amtrak would be able to invoke the clause's protections if (1) Amtrak may be regarded as an entity outside the federal government for Takings Clause purposes … (2) the Amtrak assets to be transferred to the Secretary are 'property' under the Clause and (3) the transfer is a 'taking' under the clause," the CRS report obtained by The Hill said.
"There is little doubt that all three of these prerequisites for invoking the Takings Clause are satisfied," the report continued.
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