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Report: Amtrak privatization plan is unconstitutional

Written by William C. Vantuono, Editor-in-Chief

This summer’s proposal by Rep. John Mica (R-Fla.) to privatize Amtrak would violate the Takings Clause of the U.S. Constitution, the nonpartisan Congressional Research Service says.

Though Mica’s proposal has seemed unlikely to gain traction in Congress this year, particularly within the Democrat-controlled Senate, the issue of privatization has put added political pressure on the National Railroad Passenger Corp. this year, despite record ridership.

CRS finds “little doubt” that the bill meets three prerequisites for protection under the takings clause.

Rep. Nick Rahall, D-W.Va., said the report validates the position of those who object to the Mica plan. “The ideals enshrined in the Constitution by our founding fathers have guided our nation for centuries, and Republicans should not railroad these principles in their flawed rush to privatize Amtrak,” he said.

CRS, created in 1914, has about 900 employees.

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