Counterpunch: Should Congress Increase BP's Liability For The Oil Spill?

Welcome to Counterpunch! Episode #11. Today's topic: Should Congress increase BP's liability for the oil spill?

Sherry Walker, of Left In Alabama, argues that increasing that liability cap is essential. I argue that to do so would require an unconstitutional ex post facto law.

By the way, all the Counterpunch! episodes are now online as videos on YouTube at http://www.youtube.com/user/PoliticsAL.





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Here is the transcript of my position:


You can’t change the rules halfway through a game. Congress absolutely has the power to cap the liability of oil companies for damages, as they did years ago when they set that limit at $75 million. What they can’t do is change the past.

And let’s be clear, that limit only applies to incidental, not cleanup costs. BP is responsible for 100% of the cleanup costs. The limit only applies to things like fishing firms or hotels who lost business and want to be reimbursed.

Congress has the right and the power to change that liability for any future spills… but what they CANNOT do is raise the liability cap for the current spill. That would be an ex post facto law, and the Constitution does not allow Congress to pass such a law.

Imagine that 20-years ago you bought a parrot and released him into the woods behind your house. Today, Congress passes a law making that illegal, applies it retroactively, and the police arrest you today for doing what wasn’t a crime when you did it.

Congress set that liability limit and they’re stuck with it for the current spill, because the Constitution doesn’t allow them to change the rules for events that have already occurred.

Unless, of course, our Congress doesn’t care about our Constitution… and that’s something you’ll have a chance to remember in November.

For Politics Alabama, I am Matthew Givens