MADISON - ST. CLAIR RECORD

A Belleville doctor has voluntarily dismissed his request for a restraining order against Congress and President Bush.

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

Jung also is a member of the Shiloh Village School board of education.

"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 matters which strongly indicate that the Congress and President have exceeded their Constitutional authority passing H.R. 1424 as amended," the complaint stated.

"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 stated.

In a letter to U.S. District Judge Michael Reagan dated Nov. 14, Jung informed the judge he no longer wanted to pursue his case.

"Thank you for helping me find a better solution to my dispute," the letter stated.

Reagan formally dismissed the suit without prejudice on Nov. 17. A status conference was set for Dec. 4.

Jung had argued 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 U.S. 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 stated.

"Sometimes, children are abused by their parent, relative, acquaintance, or stranger," the complaint also stated. "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."

Jung has one year to re-file the case.