Opinion

[Print]  [Email]        

Climate bill's 'emergency provision' gives Obama strong-man powers UPDATED!

By: EXAMINER EDITORIAL HOT ZONE ALERT
-
November 10, 2009

(AP Photo/Harry Hamburg)

Both the Waxman-Markey cap-and-trade energy approved earlier this year and the version just okayed by Sen. Barbara Boxer’s Senate Environment and Public Works Committee’s Democrats (Republicans boycotted the vote) contains an obscure but nasty bureaucratic provision that requires President Obama to act like Venezuelan strong man Hugo Chavez.

Here’s how: The bills require a federal declaration of a “climate emergency” if world greenhouse gas levels reach 450 parts per million. Guess what? The Pacific Northwest National Lab says it is a virtual certainty that level will be reached within a few months. The bill then requires the president to “direct all Federal agencies to use existing statutory authority to take appropriate actions...to address shortfalls" in achieving needed greenhouse gas reductions.

When Vitter asked EPA Administrator what would be done in such a situation, she refused to say. So it must be asked: Would the president be empowered to do things like nationalize whole sectors of industry, ban coal use, restrict private automobile use, or anything else the “emergency” requires?

The Examiner's David Freddoso reports that Sen. David Vitter, R-LA, is holding a news conference later today concerning this provision. Vitter wonders if companies that support cap-and-trade in the hope they will profit from going green realize what could happen to them soon after enactment. More to the point, we wonder what the American people will do when they realize what is actually going on here.

UPDATED: CEI's Horner says it's about power, not climate

In a detailed post on BigGovernment.com, Competitive Enterprise Institute scholar and environmental expert Chris Horner warns that this provision is clearly intended to concentrate power in an unprecedented manner:

 

"But as we have been warning you in detail, this agenda transparently is not about GHG concentrations, or the climate. It’s about what this provision would bring: Almost limitless power over private economic activity and individual liberty for the activist president and, for the reluctant leader, litigious greens and courts that in this case would only have two choices. Those are follow the law, or declare it unconstitutional knowing the predilections of the appellate courts and what will very soon be Obama’s Supreme Court."

UPDATE II: Foundry sees more regs on top of cap-and-trade

The Heritage Foundation's sagacious blog authors at The Foundry took a look at this issue and concluded that the provision will lead to more regulations on top of the cap-and-trade bill's mandates. Yeah, that's the ticket - the economy is suffocating under regulatory weight now, so let's add more to it. 

 

 

 



beltway confidential

In response to the attention we gave him for his old column on how Washington has "anemic winters" because of global warming, Robert F. Kennedy Jr. tells NRO's Robert...

By a vote of 52 to 33, the Obama administration nominee to the National Labor Relations Board, Craig Becker, just failed to get the 60 votes needed for his nomination to proceed...

The highest form of flattery! Robert, declare yourself! (ap photo) Beltway Confidential knows a crush when she sees one. How else to explain the relentless mocking and...

You're beautiful, Chuck Todd. I mean that. (ap photo) On a day when many White House reporters (ahem) stayed away from the White House for snow or early-deadline...






Most Popular Headlines





To view this site, you need to have Flash Player 8.0 or later installed. Click here to get the latest Flash player.


 


 



 

Reader Comments

All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.

Chas

Nov 10, 2009

"A fondness for power is implanted in most men, and it is natural to abuse it when acquired."; A feeble executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever may be its theory, must be, in practice, a bad government."; Here sir, the people govern." Alexander Hamilton. We, the people have largely neglected our governance, and are beginning to reap the rewards of our sloth.

 

Mick

Nov 10, 2009

Then it would be time for companies and individuals alike to just tell The Empty Suit and his thugs a hale and hardy "No".

 

JavaClick

Nov 10, 2009

"... we wonder what the American people will do when they realize what is actually going on here."

I will tell you EXACTLY what they will do:

One group will do -nothing- except bare their backs for the whip.

The other group will die in abject poverty and slavery applauding the improved quality of life and "fairness" for all.

 

Wondering

Nov 10, 2009

It appears the object is not CO2 control but behavior control.

 

Ron Kilmartin

Nov 10, 2009

Temporary dictator to "president for life", like the White House's much admired Venezuelan Dictator Chavez. Now it is becoming clear why Obama wants an interior security force "as strong and as well financed as the armed forces" - to keep us recalitrants in line (e.g., concentration camps or "re-education camps to train us to be nice little serfs in sackcloth with low carbon footprints).

 

jasjfarrell

Nov 10, 2009

Strictly a power play. They want to destroy this county from within.

 

Matt

Nov 10, 2009

We're at 388 ppm. 450 ppm is decades off, chill.

 

markit8dude

Nov 10, 2009

Matt, for this provision to be considered, let alone IN the bill is alarming.

 

madashell912

Nov 10, 2009

Has anyone else just about had enough from the folks in Dc?

 

mauserboy

Nov 10, 2009

It seems to me that no matter what we do, the loons in power will ignore any "civil" attempts to stop them from literally destroying our country. I am not avowing any kind of violent change of power, but if they do not pay heed, another more powerful action must occur, escalating until we have re-established the full Constitutionality and sovereignty of the USA.

 

meshuga mikey

Nov 10, 2009

madashell912


Has anyone else just about had enough from the folks in Dc?

YES I HAVE.

just say NO to the NEO FACISTS

 

fiftyfifty

Nov 10, 2009

The people of California needs to wake up

 

Colin W.

Nov 10, 2009

My class read the bill and couldn't find the term “climate emergency” anywhere in it. We also ran it through several computer search programs and it never popped up.

Also, Pacific Northwest National Laboratory predicts that at current rates co2 concentration will reach 450ppm in about 20 years.

It took me about 5 minutes to check the PNNL data and it took my poli sci class a week to go over the climate bill. Maybe this paper should check its facts a little better before publishing things like this.

 

Dennis Kolb Sr.

Nov 10, 2009

In the first line of The Declaration of Independence,the first thing that the Founding Fathers wanted to establish was;JUSTICE!!!!
If the Law Abiding,Liberty Loving Americans can't find Constitutional Representation within Our Elected Officials;I'm sure,We The People,will seek other options!!!
The Founding Fathers taught us how to deal with a tyrannical Government!!

 

Mark

Nov 10, 2009

And once again, the putrid stench passed off as "Law Enforcement" will be glad to enable this swill. They bow and scrape before their Masters and then do whatever they're told. Just like the fine German police under the Nazis.

 

caldwell.brobeck@gmail.com

Nov 10, 2009

Matt - Mauna Loa currently has it at 399 ppm. But the issue isn't just CO2, it's greenhouse gasses. All possible greenhouse gasses are weighted in the bill to equivalent CO2 - e.g. 1 ton N20= 298 tons C02, for the purpose of the calculation. See http://thomas.loc.gov/cgi-bin/query/F?c111:4:./temp/~c111mFbE4Q:e849580:

That alone would put the gg count well up above 450 ppm (N20 is maybe 380 ppb).

 

timberdoodle

Nov 10, 2009

There is only one solution to the DC power grab. Dissolve the Union.

 

Rachelfriend

Nov 10, 2009

Colin W., PLEASE do more research before jumping to conclusions and giving your students inaccurate info. Sec. 707a of the H.R.2454 gives the President the authority the piece discusses and caldwell.brobeck (above) describes the 450 greenhouse gas/2010 angle (which I've seen documented by others). As a teacher, you have a responsibility to get this stuff right.

 

dnaath@yahoo.com

Nov 11, 2009

I believe our so called President is lining himself up to become a King. He wants 100% full authority and power over the people. However, he's forgetting we'll fight for our freedom and if that means going to the white house and pulling his rear out of there and hanging it high, then so be it. There will be trouble IF he attempts to take away our freedom.

 

CC26

Nov 11, 2009

We must not allow this blatant power grab called cap and trade to pass. Lest we want to permanently lower our standard of living. Write your Legislators at http://tiny.cc/8zD5S and urge them to stand up against this disastrous legislation.

 

Kim

Nov 11, 2009

Colin W. - Rachelfriend is correct, a quick search easily finds the information noted in the article. You do have to be able to read the bureaucratic legalese. It also allows the Administrator to designate other anthropogenic gases and include them in the total to reach the 450 ppm if she/he so choses. I am curious to know if you go back to your students / class with a correction as implied by Rachelfriend.

 

drjohn

Nov 11, 2009

So other than turn Obama into Chavez, exactly WHAT would these powers do to the word's CO2 levels?

Besides nothing, I mean.

 

bobc

Nov 11, 2009

The EPA has already slammed W.VA, Ky. and Pa. with over 80 permit denials.

The Democratic Governor of W.Va. is heading right now to Washington, as the EPA and Obama's policies are killing their economy!

This is a big story and needs brought to light now and often!

Don't believe that those "green" jobs are good for us...they have already sent them to China!

 

Hypnagogue

Nov 11, 2009

In order to understand the magnitude of these emergency powers, you must consider the scope of "existing statutory authority."

Some biggies:
1) Customs. Complete control over importation of oil, manufacturing materials, and foreign goods like vehicles and food.
2) FDA. Complete control over all food commerce.
3) DoT. Can shut down the highways, and arbitrarily outlaw trucking.
4) FAA. Can ground all planes.
5) FCC. Can shutdown domestic media.
6) DHS and DoD. Will suppress the resulting insurrection.

Of course, the Supreme Court would not allow any of this to happen. It's unfortunate that they might have to walk to work without federal protection. Accidents might happen.

That's it folks. Welcome to tomorrow.

 

publius

Nov 11, 2009

When democracy stops working, as happened in Germany in the 1930s, power is turned over to a dictator (see Hobbes's social contract). In Germany Hitler was elected chancellor and was awarded emergency powers via the Reichstag Fire Decree. He promptly imprisoned 10,000 union leaders plus all communist agitators, career criminals and all critics of his leadership. He made Saddam look like a Sunday school teacher by comparison. Most of those in concentration camps "unfortunately passed away while incarcerated." All this was done by constitutional means (see Weimar Republic history). There was no end to it. So all must be careful what they ask for. Dictatorship is not pleasant and is always lurking because policians are so corrupt and making democracy work is so difficult. It is still better than the alternative even when it is in as much trouble as is now the case.

 

Nov 11, 2009

OK, so who gets to be the Official Reader of the CO2 PPM gauge? Hiow could we trust them? Knowing how much the gov't. lies about all sorts of other "hard data," (e.g. census, poverty, unemployed, Social Security "trust fund," etc., etc.), it is apparent that it is just a matter of politics and power when the threshold is crossed (so they say) so that dictatorial actions are made, and tyranny befalls us.

 

Nov 11, 2009

OK, so who gets to be the Official Reader of the CO2 PPM gauge? Hiow could we trust them? Knowing how much the gov't. lies about all sorts of other "hard data," (e.g. census, poverty, unemployed, Social Security "trust fund," etc., etc.), it is apparent that it is just a matter of politics and power when the threshold is crossed (so they say) so that dictatorial actions are made, and tyranny befalls us.

 

markit8dude

Nov 11, 2009

Colin W. - I'm not going to reiterate what other posters have already mentioned.

Though I chuckled when you'd mentioned 'PNNL data'. You may as well referred to the 'WMO', 'NOAA' and the like.
PNNL has a BIG hand in pushing for cap and trade nonsense.
I recommend you do more research of the aforementioned and give your students an apology.
Then again, if you're a California teacher (ranked 47th in the country..yikes), your 'reasoning' is understandable.

 

bringhomethepoliticians.com

Nov 11, 2009

You can stop this slide into totalitarianism by simply promoting Heliu-3 which is a CARBON FREE energy source that proves there's no need for CAP&TRADE/COPENHAGEN Regulations. Here's a 5 min explanation video on He3 and what it will do in a few decades:
http://www.youtube.com/watch?v=94rEqHP9dOQ

 

Nov 11, 2009

Savd us, Diaperman Vitter!

 

joe america

Nov 11, 2009

In the beginnibg of 2012, obama will declare a state of emergency for the country on some 'flag' operation and he'll cancel the 2012 pesidential election and crown himself dictator.

WAKE UP AMERICA
ALWAYS VOTE - NEVER RE-ELECT
FIRECONGRESS.ORG

 

RussRamey6

Nov 11, 2009

Now this is a scary issue and the average person will just yawn and go to the sports section...
The future of freedom and liberty under law Republic is in trouble, but the population is immune to real threats. The ignorant will learn soon enough...time again for prayer and this will require a heart change and genuine search for ultimate truth.

 

john

Nov 12, 2009

I really think that obama will do something really wrong right after 2010 elections and America and congress will turn on him and impeach him. This man is beyond dangerous but I do not think that he is a smart man , he cannot thing on his feet if it isn't written down he doesn't know what to do.

 

Mark B

Nov 12, 2009

I am a member of the democratic national committee and found out on Tuesday that Obama is seeking the authority to have full control of the Police force nationwide! Only Congress can pass this act granting the President full power. My God...what is happening? If this happens, the people will be powerless. Only the militia can help.

 

Mark B

Nov 12, 2009

John, no doubt Obama is going to mess up. But they CANNOT impeach him and they CANNOT remove him. It takes 66% of congress to remove him, not going to happen. Someone will bump him off instead and I'm sure someone is planning it behind the scenes, its those that stay quiet. There is a Nazi group in the States that won't take any crap off this President. I'm sure they are waiting quietly on the side line.

 

fridihem

Nov 13, 2009

Like another comment, greenhouse gases are almost at 450ppm, whereas CO2 figures are around the 390ppm mark. Which ever figures one talks about the planet is in danger

 

fridihem

Nov 13, 2009

I see that Chris Horner is babbling rubbish as usual, and is typical of the average American unable to distinguish between facts and rubbish. Most of you dont even know what Cap and Trade is.

 

fridihem

Nov 13, 2009

A quote from Chris Horner....
"""[The planet Pluto, which is warming up despite moving away from the sun], is a reminder that no matter where you are climate happens... There will be inevitably and likely imminent claims [by environmentalists] that mankind is also causing Plutonian global warming."

This just goes to show how this man thinks, certainly not with his head??

 

markit8dude

Nov 13, 2009

fridihem, I work in the meteorological field for more than 10 years now. I'm well aware of what crap n trade is.

Enlighten me and the other posters how crap and trade is conducive to economic/ job growth? Sustainability of alternative energy on a global scale? Abundance of resources to implement alternative energy is upon us?

 

fridihem

Nov 13, 2009

If you are well aware of what CAP and trade is, then why do you want me to tell you how it has been working so well since its introduction in certain EU countries, since the early 90s.

Regarding sustainability of alternative energy on a global scale, that I admit will be a very tough nut to crack, as not all countries have the "recources" to do so, yet others have the recources, yet do nothing, no names mentioned

 

findthemorons

Nov 14, 2009

I have said many times that BHO will find a reason to declare marhsall law and become president/dictator for life.

 

junkmaninohio

Nov 21, 2009

Oil up the guns boys. They'll be comin for ya.

 

iscount Christian Louboutin Sandals

Dec 5, 2009

discount Christian Louboutin
Jimmy Choo Handbags
Jimmy Choo on sale
Christian Louboutin sandal
cheap Jimmy Choo Shoes
bape shoes

 

Jan 11, 2010

projeksiyon

 


Post a comment


Email:
(This will not be displayed or shared. Privacy Policy)

Your Name:

Comment:




Local

Another snowball fight planned for Dupont Circle

The Official Dupont Circle Snowball Fight facebook fanpage has over 6,000 fans now, and it looks as if snowed in DC'ers will return for another battle. Full story

Politics

GOP winning war over Miranda rights for terrorists

Even as the administration defends its decision to grant accused Detroit bomber Umar Farouk Abdulmutallab the right to remain silent, the president himself is hinting that things might be done differently in the future. Full story

Local

D.C. region braces for up to 20 more inches of snow

The National Weather Service has the entire D.C. metro area, from Prince William County north, under a winter storm warning for 10 to 20 inches of snow. Forecasters have had their eyes on this storm for days, but the projected snow totals were bumped up late Monday. Full story