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Commentary: Where Does Obama Get the Authority to ‘Inform’ a Private Co. to Surrender Its Money?
CNSNews ^ | 6/15/2010 | Terence P. Jeffrey

Posted on 06/15/2010 8:59:29 PM PDT by Qbert

(CNSNews.com) - In his first-ever address from the Oval Office on Tuesday night, President Barack Obama said he was going to “inform” the chairman of BP that he must surrender the company’s money to an independent party that will distribute it to people and businesses determined to have been harmed by the oil spill in the Gulf of Mexico.

The president’s declaration raises a serious constitutional question about his authority: Where does the president get the lawful power to order any private-sector company—BP or any other—that it must surrender its money? Should not courts and normal legal proceedings determine who is responsible, who has been harmed, and who owes what to whom in regards to the Gulf oil spill?   Leaving aside BP's relative popularity or lack of it today, if President Obama, on his own initiative, can tell a corporation to surrender its money because he has determined its culpability in an oil spill, under what other circumstances can Obama or any future American president tell a corporation or a private citizen to surrender money? 

What rights do the stockholders in BP have to due process of law to protect their property? The Fifth Amendment to the Constitution says: "No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Does Obama think he can “inform” persons and corporations to surrender or exchange their property without due process of law?

(Excerpt) Read more at cnsnews.com ...


TOPICS: Business/Economy; Editorial; Government; News/Current Events
KEYWORDS: 0dipstick; billions; bootonneck; bootonthroat; bp; chicagoway; chu; cluelessindc; corruption; dearleader; dearleaderobama; democrats; dueprocess; epicfail; impeachobama; millions; obama; obamadearleader; obamunism; oilspill; redistribution; socialism; socialists; spreadingthewealth; stevenchu; thugbama; tyranny
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To: Qbert

Head of BP must be laughing. “OK, I’ll give you 20 billion tomorrow. And by the way, I’ll shut down all operations to plug the hole, Daddy!”


21 posted on 06/15/2010 9:08:09 PM PDT by PA-RIVER
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To: SCalGal

Last I heard, laws originated in the Legislative Branch
but maybe that’s changed now?


22 posted on 06/15/2010 9:10:42 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Qbert

BP will just put the money in Obama’s Stash, see, and then he’ll use it to pay for gas for peoples cars, and mortgages, and free beer and ice cream cones for everyone!


23 posted on 06/15/2010 9:13:11 PM PDT by bigbob
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To: no dems
BP can say to him: "BITE ME punk!!!"
But they probably wont. Its more likely that rather than lose millions the company will join in on one of the left's ponzi schemes like carbon tax credits. Cant beat 'em, join 'em
24 posted on 06/15/2010 9:15:08 PM PDT by D1X1E (Trust but verify... especially if you got your information from the government.)
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To: Yosemitest; Armaggedon
"Where Does He (Obama) Get the Authority to ‘Inform’ a Private Company—BP or Any Other—That It Must Surrender Its Money?"

Revelation 13:2 And the beast which I saw was like unto a leopard, and his feet were as the feet of a bear, and his mouth as the mouth of a lion: and the dragon gave him his power, and his seat, and great authority.

25 posted on 06/15/2010 9:16:06 PM PDT by Ezekiel (The Obama-nation began with the Inauguration of Desolation.)
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To: Qbert

lol...its called make up law as he goes...then lie cheat and steal.


26 posted on 06/15/2010 9:17:46 PM PDT by dalebert
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To: bootless

Yeah, that was the first thing to pop into my pointy head when he said he was going to “direct” BP to set up a fund, not within its control.

I have the US Constitution & Amendments on my Kindle. I’d laugh if Hayward does, too, so when the Kenyan makes his demand, Hayward can produce it and say, “Sure Mr. President. You’re a world-famous Constitutional scholar, so this is a no-brainer. Just point to where it says in here you can make me.”


27 posted on 06/15/2010 9:18:33 PM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: Qbert
The same place all power was, is, and ever more be derived. Surrender to threats and acts of violence.

28 posted on 06/15/2010 9:18:48 PM PDT by I see my hands (_8(|)
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To: FrogMom
You do realize he just nationalized them, right?

Only if BP acquiesces. I don't think that's a done deal, after the entire world saw how he treated Chrysler's and GM's bond holders.

29 posted on 06/15/2010 9:21:15 PM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: Qbert

I seem to recall hearing something like this on a dark night between street lamps on the south side of Chicago. I think the mugger used a few more “forceful/colorful” expletives, and had a gun but the gist was pretty much the same...

“Mugger in Chief” comes to mind...


30 posted on 06/15/2010 9:22:45 PM PDT by coldoc
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To: bootless

Obama and BP are so in bed, they don’t mind being thrown under the bus.

The ends justify the means...

BP was a founding member of the U.S. Climate Action Partnership (USCAP), a lobby dedicated to passing a cap-and-trade bill. As the nation’s largest producer of natural gas, BP saw many ways to profit from climate legislation, notably by persuading Congress to provide subsidies to coal-fired power plants that switched to gas.

BP signed off on Kerry’s Senate climate bill...

BP has lobbied for and profited from subsidies for biofuels and solar energy...

The U.S. Export-Import Bank, a federal agency, is currently financing a BP solar energy project in Argentina.

Ex-Im has also put up taxpayer cash to finance construction of the 1,094-mile Baku-Tbilisi-Ceyhan pipeline carrying oil from the Caspian Sea to Ceyhan, Turkey—again, profiting BP.

Lobbying records also show BP lobbying on Obama’s stimulus bill


31 posted on 06/15/2010 9:23:18 PM PDT by Freddd (CNN is down to Three Hundred Thousand viewers. But they worked for it.)
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To: ExTexasRedhead
"Hussein thinks he’s Hitler reborn"

Paper-hanging son of a btch.

I love General Patton

32 posted on 06/15/2010 9:23:48 PM PDT by two23 (Everything About Them Is a Lie)
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To: tet68

“Last I heard, laws originated in the Legislative Branch”

You are Correct. He decides what should be Illegal ( Legislative Branch)

Then Judges them Guilty and renders a Verdict. (Judicial Branch)

It’s a Separation of Powers Violation.


33 posted on 06/15/2010 9:24:44 PM PDT by SwedeBoy2
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To: Qbert
Asset forfeiture laws have been in force against citizens for years now. If those laws can pass muster with the courts, then what's going to stop this asset seizure?
34 posted on 06/15/2010 9:26:29 PM PDT by Ken H
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To: two23

Chris Chriti the present day Patton along with Jan Brewer, Sharron Angle, and Michele Bachmann.


35 posted on 06/15/2010 9:27:04 PM PDT by ExTexasRedhead (Take back our country on November 2, 2010.)
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To: Qbert
White people run it that gives the sick race bait-er the opportunity he needs same as his old ACORN days, nothing is legal about extortion but they get away with it.
36 posted on 06/15/2010 9:28:48 PM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: Qbert

Bill O’Reily said it was ok.


37 posted on 06/15/2010 9:30:30 PM PDT by Balata
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To: ExTexasRedhead

We just need to give Alvin Greene a chance too. /s


38 posted on 06/15/2010 9:32:24 PM PDT by ScoopAmma (We are led by the Resident -in Chief; aka part-time member of Webelo Troop 44)
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To: Qbert

The teleprompter told him to say it, ((Bush’s fault!)/Sarc
This guy doesn’t have a clue!


39 posted on 06/15/2010 9:34:15 PM PDT by READINABLUESTATE (Stand up and fight.)
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To: SCalGal
All it'll take is someone who is being challenged to call the bluff.

Unfortunately, since the start of this administration, no one has had the balls to do it. Which says a lot about western business nowadays.

We saw it in Venezuela. At the beginning, had anyone stood up and called Hugo's bluff, he would've had to stop.

We saw it in pre-WWII Germany, too.

Someone has to be a big enough ‘jack@$$’ to publicly call Obama’s bluff in a completely humiliating manner. Which would egg Obama on, forcing him into a situation where he'd try to do something he can't... and then get beat down for it.

40 posted on 06/15/2010 9:36:18 PM PDT by gogogodzilla (Live free or die!)
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