Posted on 06/16/2010 6:48:32 AM PDT by opentalk
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?
...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?
...Tomorrow,” Obama said, “I will meet with the chairman of BP and inform him that he is to set aside whatever resources are required to compensate the workers and business owners who have been harmed as a result of his company’s recklessness. And this fund will not be controlled by BP. In order to ensure that all legitimate claims are paid out in a fair and timely manner, the account must and will be administered by an independent third party.”
(Excerpt) Read more at cnsnews.com ...
Why didn’t they ask this question ages ago when our tax money was used to bail out the global thieving central banks?
Because Bush was the one that started bailing out the banks?
Which scared the $&!+ out of me because of the president it set and that no one challenged him successfully on it and they steamrolled on.
This is mob thuggery of the highest proportions.
Without Contract Law we are Serfs in the Hayek sense and becoming more like Stalin's Russia every day, what is next Fannie and Freddie taking our land and homes since they have a hand in so many mortgages and our 401k's for "the greater good"?
It is way past time to reign this son of a gun in.
§311(c)(1) The President shall institute means for the removal of an oil discharge and mitigation or prevention of the threat of a discharge (1) into the navigable water of the U.S. or adjoining shorelines; (2) into or on the waters of the exclusive economic zone; or (3) that may affect natural resources of the U.S. In doing so the President has the authority to make any arrangements for removal or prevention, direct removal actions, and remove or destroy a vessel releasing or that has the threat of releasing.
§311(c)(2) The President shall direct all Federal, State, and private actions to remove a discharge or mitigate or prevent the threat of a discharge from onshore or offshore facilities which is determined to be a substantial threat to the public health or welfare of the United States.
§311(j)(1)(A) The President is required to establish methods and procedures for removal of discharged oil and hazardous substances as part of the National Response System.
§311(j)(1)(C) The President is authorized to issue regulations establishing procedures, methods, equipment, and other requirements to prevent discharges of oil from vessels and facilities.
§311(j)(4) The President is authorized to establish Area Committees. These committees will prepare Area Contingency Plans that detail methods and procedures for responding to a worst case discharge, including the division of responsibilities among various authorities in a response. Each Area Committee will submit this plan to the President for approval.
§311(j)(5) The President is required to establish regulations for facility and vessel response plans.
NOPE....not in there....
Don’t forget there is an already existing Oil Liability Trust Fund
You whacked that nail on the head.
Google “Obama African Colonialist”, article from American Thinker, to see how deep the analogy goes.
Brrrrr.
The Chinese right now are drilling off the coast of California in international waters stealing our oil right now.
These companies will just go further out where they are in Internalional waters to drill, Hell they are doing it now.
Then they pay no leae rights, etc..
Il Douche?
‘Where does the president get the lawful power to order any private-sector company—BP or any other—that it must surrender its money?’
Simple - from his ideological predecessor, Lenin.
I'm not sure which country I'd be willing to fight for in that instance.
It says so on page 145 of the Communist Manifesto.
“Don’t you know? He only has to sign an Executive Order.”
I’m sure you jest just a little but I am seriously trying to track this down.
How much truth is there to the assertion that we are still under the 1933 War Powers Act which suspended the Constitution?
http://www.sourcewatch.org/index.php?title=State_of_national_emergency
““Emergency Powers Statutes (Senate Report 93-549): In this 1973 official report, the U.S. Senate admits that the Emergency Powers given to the President (Franklin D. Roosevelt) under the pretense of the National Emergency of 1933 have remained in force and that the normal function of the Federal government has been suspended. [93d Congress, SENATE Report No. 93-549, 1st Session]. See War Powers Act.”
“He did it last year to the senior debt holders of GM. He stole their property and gave it to the Unions, abrogating centuries of contract law. He did it without any new laws.”
Have there been any lawsuits by bond holders to recover what was stolen from them?
If not, why not?
The gangsta prez has his jackboots on, and he is kicking arse.
Scary stuff.
Touché!
H”ave there been any lawsuits by bond holders to recover what was stolen from them?”
Yes. I think it was the Indiana state employees pension fund.
They lost.
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