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Home Front: Politix
Bachmann: Obama Exceeding Constitutional Authority in Ordering BP to Surrender Funds--'It's All About Extortion'
2010-06-17
(CNSNews.com) -- Rep. Michelle Bachmann (R-Minn.) said Tuesday that President Barack Obama is exceeding his legitimate constitutional authority in telling BP it must set up an independent fund, not controlled by the company, for compensating victims of the Gulf oil spill. She described the administration's policy as an action "that's all about extortion."

"Private companies need to be held accountable but not necessarily to the executive branch," said Bachmann. "It seems to me there's a misreading of the Constitution and a misunderstanding of jurisdictional limits from this White House on what the extent of executive power is. They don't seem to understand that and it--now it seems that it's all about extortion--and that what they want to do is create a pot of money for themselves that they can control and that's not what the Executive is supposed to do. There is a real misreading of jurisdictional limits, and they continue to stretch those limits beyond all bounds."

Bachmann, who was speaking to a gathering of bloggers held at the conservative Heritage Foundation in Washington, D.C., criticized the administration's response to the massive oil spill in the Gulf.

The conservative from Minnesota said she was particularly bothered by the call President Obama made Monday--later reiterated in his Oval Office address Tuesday night--for BP to set aside money for reimbursements to victims of the Gulf oil spill that would be administered independently, taking control of the money away from the company.

"The president just called for creating a fund that would be administered by outsiders which would be more of a redistribution-of-wealth fund, and now it appears we're going to be looking at yet one more gateway for more government control, more money to government," she said. "If there's a disaster, why is it that government is the one who always seems to benefit after a disaster?"

The proposed fund that the administration wants BP to create would go to reimburse individuals and businesses along the Gulf Coast that make claims as a result of the oil spill. But the money, which belongs to BP stockholders, would be taken out BP's control and the administration has not clearly stated what due process of law would be observed in distributing the money.

The Fifth Amendment to the Constitution was ratified specifically to prevent the government from taking or redistributing private property without due process of law. The amendment 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."
Posted by:Fred

#7  "Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community." James Madison, Federalist Number 44, 1788.

Yeah, what he said.
Posted by: SteveS   2010-06-17 22:04  

#6  BP appears to have been coerced into setting up a $20 billion dollar compensation fund. While some of Obama's work might be Presidential, he has created a lot of photo opportunities for himself as he champions local fishermen, and environmentalists.

Obviously, Capping operations must be better regulated. Obama is veering towards over-regulation. But, damn BP; they set back safe off-shore work.

As for the compensation-without-due-process: National Security Directives allowing same, are given constitutional protection. So-called "balancing" doctrines - security v liberty, etc - grant paramountcy to the executive, subject to Congressional approval of Presidential "conduct". Lesson: be careful who you help put in the highest office.
Posted by: Oscar Flese5163   2010-06-17 20:23  

#5  Little being uttered about BP's tens of millions in campaign contributions to presidential candidate Obama. Some poetic justice herein for BP and the faunting POMs who supported and funded Manch-Candidate Obama I suspect.
Posted by: Besoeker   2010-06-17 15:50  

#4  The bullhorn-in-chief at work:
"What do we want?"
"Your money!"
"When do we want it?"
"Now!"

Posted by: Grenter, Protector of the Geats   2010-06-17 15:06  

#3  He also favored the culpable union in the Chryser bankruptcy, while stiffing the bondholders (pension funds, etc.) who were blameless
Posted by: KBK   2010-06-17 12:39  

#2  It's the Chicago way,... or the river.
Posted by: Muggsy Glink   2010-06-17 11:55  

#1  yeah, like the constitution means anything to this administration :(
Posted by: abu do you love   2010-06-17 02:23  

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