Posted by
flagwaver on Friday, June 18, 2010 11:31:31 AM
“In times of emergency, this is okay.” Bill O’Reilly on the $20 billion BP “trust” fund 6/17/10.
The above quotation, taken from Bill O’Reilly’s show segment with Laura Ingraham is one of the scariest propositions that I have heard anyone come up with in a while. The idea that it is okay for the government to be extremely punitive in its treatment of BP, simply because there is an ecological emergency in the Gulf of Mexico is bad enough. But what is really scary is that so many people, ordinary folks and not just political grandstanders in the Congress, seem to have adopted this attitude.
Please understand that I am not even going to pretend that BP is blameless in the explosion of their deepwater drilling rig, or that they should not be held to account for the tremendous mess they have made of the Gulf Coast region. There is no doubt that they bear the lion’s share of responsibility, because it was their rig that exploded and their well that is gushing copious amounts of oil into the Gulf. However, there is more than enough blame to be spread around in this debacle: a Congress that bowed to environmentalist pressure tactics that forced us into deepwater drilling; a federal bureaucracy that failed in its oversight capacity; and an administration that did not respond well to the looming crisis, and that has chosen to use this as a political tool instead of treating it as the disaster that it honestly is.
However, Rep. Michelle Bachman in a speech to the Heritage Club hit the nail on the head when she asked where the executive branch thinks it derives the power to punish corporations for wrongdoing. Now, we all understand that as a part of the executive branch, the Department of Justice has that type of power, but this is not being handled at that level. What we are seeing is a White House that is doing exactly what Rep. Joe Blanton said they were doing; shaking down a corporate entity. Where in the Constitution does the provision exist that allows for a President or Vice President to tell accompany to set aside money for a compensation fund, or it will be taken from them? Where does the Constitution allow for a President, Vice President, or Congress to coerce a corporation to pay wages to workers idled by the political decisions of the President? I have searched high and low in the Constitution and I can’t find such provisions anywhere, mainly because those actions are not simply extra-legal as some are saying, but they run counter to the very ideals of limited governmental powers tat the document was written to set forth.
With that said, the most disturbing thing about all of this is the idea being pushed that these actions are justified, because we have a really serious crisis to deal with. Even that bloviating blowhard Bill O’Reilly had to admit that on principle Bachman and Blanton were dead right, but then he uttered the aforementioned quote about this being okay because we are facing an emergency. And it is that attitude, as stated earlier, that I find to be so disturbing.
In our history as a nation, we have plenty of examples of where this type of thinking leads. When we as a nation have faced crises in the past and abandoned our principles in order to face those crises, it has never worked out well for us. The record is clear on this, and these examples should suffice to prove my point:
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In 1798 in response to the threat of war with France, Congress passed the Alien and Sedition Acts that allowed for the punishment of anyone writing or speaking out against the US government, First Amendment be damned.
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During World War I, Congress passed another sedition and espionage act that made any anti-government communications criminal.
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In 1948 the Supreme Court upheld provisions of the Smith Act that made it illegal to advocate the overthrow of the US government, citing the fear of Communist plots as a “clear and present danger”.
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During World War II, the Supreme Court upheld Executive Order 9066 and all orders issuing from it that allowed for Japanese-Americans to be dispossessed of their homes and properties and held in internment camps. The reason given was that we were in a state of crisis after being attacked by Japan at Pearl Harbor, so that made it legal.
Fortunately, we realized our mistakes in those case; the alien and sedition acts were eventually set aside in both cases; the Dennis decision on “clear and present danger” was overturned by the Supreme Court in the Brandenburg decision; and everyone with any legal sense realizes and recognizes that the Korematsu decision ranks right up there with Dred Scott and Plessy as total miscarriages of justice.
Sadly though, we seem not have absorbed those lessons well when we stand aside and assent to what is going on between the federal government and BP right now. There is too much cheerleading to get the evil old corporation, and not enough sober reflection of where this could take us…and what it says about us.
There is never a time when we should allow ourselves to abandon our fundamental principles and cede such punitive power to the government, simply because we face a crisis. Forget for a moment that this government has played a huge role in creating this situation, and focus on what the outcome of allowing this type of treatment will be. We started on this road when we allowed the government to fire the CEO of General Motors and force Chrysler into a bad business deal with Fiat, and now we are allowing this same power mad government to take money out of the pockets of BP shareholders to cover its own incompetence. Didn’t we learn anything from the GM fiasco?
Furthermore, it is exactly in times of crisis that we have to be willing to stand by our principles, or our principles mean nothing. Just as character is truly revealed when no one is watching, principles are found out when they are tested. And if we cannot hold to the principles of limiting government power and extending due process during a time of crisis, then those aren’t really our principles. They are simply platitudes we speak amongst ourselves in an effort to burnish our self image.
So we can all be angry at BP executives, at the lackluster government response, and be horrified at the images of dead wildlife floating in oil as our Gulf Coast beaches are despoiled. That is a natural reaction for all of us. But we had better be damned careful of willfully suspending our principles during times of emergency or crisis, especially when dealing with an administration that views crisis as political opportunity. Because with this group, you never know when the next crisis may involve the suspension of our individual rights in order to save us from some threat or other.
And we better decide if our principles are worth holding onto, even when something unprecedented happens. Because if we are willing to abandon our principles now, we never had them in the first place.