UNCONSTITUTIONAL: Obama Regime To Cut Off All TV & Radio Broadcasts On November 9th, 2011

TheMaineTeaParty.com ^ | October 22, 2011 | David Fontaine

[Yosemitest]

There is no possible interpretation of this under which this isn't wildly unconstitutional.

While the test is only going to be TEMPORARY, I DO NOT TRUST THE FEDERAL GOVERNMENT WITH THIS POWER, NOR SHOULD ANY AMERICAN!

No one man should have the ability to shut down ALL RADIO & TV broadcasting. If this were to be done when the Obama Regime actually intended to carry out certain plans to further consolidate and usurp power, rather than a 'test,' it would constitute the grossest violation of the Constitution in American history. It would mark the beginning of a real-live dictatorship here on American soil. It's disturbing enough that ANY President would take such powers. But for the Barack Hussein Obama Regime, while his 'useful idiots' are massing all around the nation, it's a clear shot across the bow.

UPDATE (2011.10.24): Here's what Glenn Beck had to say about it this morning on his talk radio show on GBTV.



CALL YOUR CONGRESSMEN. Ask them to explain to you, where, exactly in the Constitution is the President authorized to shut down all TV & Radio broadcasts nationwide, for ANY reason. Then inform them that the Barack Hussein Obama Regime can be trusted least of all men who have lived in the White House, with such UNCONSTITUTIONAL POWERS! Then insist that they sponsor legislation to revoke this UNCONSTITUTIONAL POWER!

Here's the Blaze with the story:

The State Can ‘Seize Control’ and ‘There Is Nothing I Can Do’: Glenn Weighs in on Nov. 9th Emergency Broadcast Test

[montyspython]

Apparently so, and considering your histrionics I am not surprised.

[NeoCaveman]

Scheduled for 11/9/11.

Hmmm.

[montyspython]

But but but its clearly a conspiracy to overthrow the Constitution!

[Yosemitest]

Come on, man. Get a clue.

Emergency Alert System

The EAS is a national public warning system that requires broadcasters, cable television systems, wireless cable systems, satellite digital audio radio service (SDARS) providers, and direct broadcast satellite (DBS) providers to provide the communications capability to the President to address the American public during a national emergency. The system also may be used by state and local authorities to deliver important emergency information, such as AMBER alerts and weather information targeted to specific areas.

The first Nationwide test of the Emergency Alert System will be carried out on November 9, 2011. For more information about the test or access to the participant reporting system, please click here.

[ctdonath2]

This is a reasonable exercise of standard FCC powers. Debates about the constitutionality of FCC in general aside, if the FCC acts as a regulatory body it is reasonable for them to request all broadcasters have the ability to deliver a vital emergency message on short notice. I don’t know that there is a punishment for _not_ cooperating with this process.

As another poster noted, what’s odd is that the test is performed so publicly, instead of at some late hour to minimize scaring people.

[Tribune7]

FEMA is going to cut off broadcasts for about 3 minutes as part of a national test of the Emergency Broadcast System.

[ctdonath2]

What needs to be stopped? What’s the basis for this hysterical “it’s gonna be shut down” rumor? Coordinated broadcast of an emergency [test] message is reasonable; nobody is pressing a universal off switch.

[Springfield Reformer]

My dad was an early adopter of tv and I do recall as a small child seeing what I interpreted as an emergency test pattern on our tv. Being a small child, I could be remembering it incorrectly or with imaginative embellishments, I suppose. But my dad was a ham radio operator and part of the local civil defense volunteer group, and I can tell you confidently this sort of thing was viewed in a very positive light by the people of that time. The fact that someone may abuse it is an inherent risk of having such a system, but that is a political problem, not a technical or constitutional problem. IMHO.

[ctdonath2]

[shrug] So what’s the problem? There’s no “off switch”, and nobody is pressing it. There is no shutdown. There is a coordinated reasonable system in place to notify the public of emergency information, and what is planned is a reasonable test thereof. Any broadcaster could refuse to participate (please do advise me of any punishments for non-cooperation, if any). Insofar as radio spectrum is a limited resource, which is recognized as nationally owned and licensed to operators, there’s nothing wrong with using 5 minutes per century to test the emergency notification system.

Now if the Obama comes on personally and uses it to deliver a political message, then we’ll have a problem.

[Yosemitest]

ctdonath2, answer this:

"Which enumerated power within the Constitution allows Obama to do this?"

The left's threats are NEVER open and clear. They're always implied.

[Yosemitest]

Did Perry and Obama get together and plan this terrorists temptation?

Assuming a detonation at optimum height, a 9 megaton blast would result in a fireball some 4 to 5 kilometers (2.5 to 3 miles) in diameter. The radiated heat would be sufficient to cause lethal burns to any unprotected person within 28.7 kilometers (17.8 mi) (995 square miles). Blast effects would be sufficient to collapse most residential and industrial structures within a 14.9-kilometer (9.3 mi) radius (300 square miles); within 5.7 kilometers (3.5 mi) virtually all above-ground structures would be destroyed and blast effects would inflict near 100% fatalities. Within 4.7 kilometers (2.9 mi) a 500 rem dose of ionizing radiation would be received by the average person, sufficient to cause a 50% to 90% casualty rate independent of thermal or blast effects at this distance.

Gee, if terrorist broke in and steal this weapon, what would they do with it?

[ctdonath2]

"Which enumerated power within the Constitution allows Obama to do this?"

Here you go: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions".
A reasonable extrapolation of this is "to provide for calling forth the able-bodied citizenry at large to act in defense and preservation of the nation." The Founding Fathers were thinking in terms of active countering attack by human assailants; you'd be hard-pressed to think they'd oppose doing similar, or taking evasive/defensive action, in the face of natural or accidental "assailants" (imminent tsunami, earthquake, nuke disaster, etc.). The point was being able to call on the populace, insofar as they could, to preserve the nation. The focus, in our current issue, is the "calling" part: we now have the technology to tell nigh unto everyone, at once, to ACT NOW as appropriate (be it take up arms against insurrection/invasion, or seek high ground, or hunker down for nuclear explosion, or whatever large-scale imminent disaster). For strict adherence to the wording of the power: this provides means for the President to call out the unorganized militia, which is a strict and sufficient subset of the broad interpretation of the same wording. This system provides implementation of that enumerated power; that it may be used for other reasonable purposes is a natural consequence of a reasonable exercise of the explicit enumerated power.

Using this for political, or other counter- or un-constitutional, purposes would of course be an abuse of power.

So far all I've found is this is a coordination effort, asking/directing broadcasters to implement a standard protocol. Until someone points me to punitive legislation compelling participation and punishing noncompliance, I'm not seeing a problem.

I appreciate your suspicion of this event based on who's doing it. Doesn't mean it's unmitigated evil incarnate.

[hoagy62]

Having heard about the security measures at PANTEX, I doubt a terrorist would survive to get anywhere.

There were TWO other threads on this subject. I am shocked and surprised at the utter ignorance and mis-information concerning this test. C’mon...this is FREE REPUBLIC. Ignorance is NOT the hallmark of a conservative...or at least, it shouldn’t be.

The only thing that concerns me at all is the timing. It IS during Rush’s show. However, by the time the thing is over, Rush will start the next hour of his show with no interruption. ALL the radio and TV is going to come back and continue as if nothing happened.

Please...don’t let paranoia and half-baked theories be the norm here.

[Arrowhead1952]

2 PM Eastern - well at least Rush will be over by then.

[Yosemitest]

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions".

I'm not impressed, and question how this authorizes the President the "Right" to control TV and Radio.
After 26+ years in the military and knowing how the military "informs" it's members of recall (calling forth) to (bla, bla, bla ) ...
Security doesn't allow recalls without certain confirmation of authorization, security codes if you will.

Now, I've been retired for over 10 years now, and things change.
BUT ... I'm not buying that - Article 1, Section 8, Clause 15, Constitution of the United States to authorize this power grab.

[Yosemitest]

2 PM Eastern, not central.
Isn't Rush's show from 12 PM to 3 pm?
BUT ... if it only last 3.5 minutes, then it will interrupt the news and not Rush's show.
HOWEVER, Obama is pulling the switch, and the ILLEGAL IMMIGRANT IN CHIEF is ALWAYS late.

[hoagy62]

It’s actually NOT his call. HE is not the one doing this. You will neither hear nor see Barry the Boob in this test.

COUNT on it being ON TIME. Mark my words.

[Arrowhead1952]

You are correct. I am central time and Rush is over at 2PM here.

[ctdonath2]

You're not impressed because you don't want to be impressed. You want to hold to the notion that the Obama is exceeding his powers, and this provides opportunity to "prove" it.

Your experience with the military was exclusively with the "organized militia", which has notification systems in place, and is designed for call-outs which assume response times longer than minutes.

My point covers the "unorganized militia", and allows call-outs in literal minutes.

This EBS does include confirmation of authorization. As another poster recalled, decades ago a national test of the EBS screwed up and _did_ use the confirmation codes (oops!), leading to a tense period where much of the country thought we were under attack. Yes, there are security codes as demonstrated & revealed by that screwup.

Methinks the hangup is on "control": AFAIK, broadcasters are not compelled (to wit, punished if they don't comply) to participate. It may be just this side of voluntary, but I have yet to discover any punishments which would be meted out if a broadcaster did not carry the message.

While the term "militia" may not explicitly be used, the legal definition of "unorganized militia" entails all able-bodied males 17+, the practical definition amounts to "all able-bodied citizens". The term "calling forth" may explicitly refer to particular organized military activity, but the spirit of the term is defense and protection of the population at large and the organization & property thereof.

It's not a power grab (or, at least not a new one). The system has been in place since the 1930s, just not updated and tested much since then. Considering the executive who is testing this does of course raise eyebrows, the timing is poorly chosen (prime daylight hour with widespread announcement, instead of low-key late-night testing), and OMGWTFBBQ if it is EVER used for any political purpose...

[Shalmaneser]

To really take over you would need the support of the Army—he lacks that.

You are fooling yourself. He is the Commander in Chief and the Army will kill anyone he orders them to.

And please spare me that Oathkeepers jazz. Private Elmo Q. Dickweed is not going to refuse when Sergeant Friendly tells him to shoot you or me. He's going to pull the trigger.