Friday, June 25, 2010

"Stop the Obama Administration's Grab for Arbitrary Power"

As Obama grabs more and more power Americans must rise up in protest and proclaim our detestation of this capricious and dangerous administration. It must end now - and we the people must continue battling against tyranny and be alert constantly for deeds and actions that betray our Constitution. If you are fuzzy on our unique and great history a great place to start is to watch Glenn Beck on Fox News at 5 pm Eastern time. He does an excellent job of presenting the facts of our past and interviewing Historians and people who KNOW American history. The following is part of Rob Tracinski's The Intellectual Activist Daily. Click on the link below his commentary.

3. Arbitrary and Capricious

The "escrow fund" Obama squeezed out of BP was not only outside of any legal authority. Experts on these sorts of cases are also saying that it is a "magnet for fraud," precisely because it bypasses the usual legal requirements, such as actually having to appear in court to make your case that the plaintiff owes you damages.

But the big story about Obama's mismanagement of the Gulf disaster is his six-month moratorium on deep-water offshore drilling, an arbitrary measure that threatens to shut down oil exploration for years as drilling rigs—and the investment capital behind them—go where they are more welcome and face less political risk.

The damages has already been done—once political risk rears its ugly head, it takes a long time for investors to regain a sense of safety, even if the moratorium is lifted. But it is a very good sign that a federal judge has declared the moratorium to be unconstitutional, on the grounds that it is literally an arbitrary act, one based on no arguments, reasoning, or legal procedure, and is therefore a violation of the right to due process.

This is good news, because this case is about much more than a drilling moratorium. It's about whether there is any part of the American system of government that is willing to stand up to stop the Obama administration's grab for arbitrary power. The judiciary is the only place left to look for such action, and it's good to see that there is at least one judge who is up to the job.

But as if to underscore its contempt for the Constitution and the rule of law, the administration immediately declared, not just that it would appeal the ruling, but that it would immediately issue a new, slightly reworded ban within a few days—in effect, ignoring the judge's ruling and trying to circumvent it.

Perhaps President Obama will borrow a notorious statement of presidential lawlessness attributed to Andrew Jackson: "Mr. Feldman has made his decision, now let him enforce it." Read and Join

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