democrat. it would have been nice if obama appointed a republican it would have shown bipartisanship. the problem is terribly serious the should not be overwhelmed by a new problem. partisanship and politics and abandoning the constitution. let's get the spill filled and return to the constitution. >> the own one raising a partisan issue is you. >> that is not true. >> you pointed out he is a good guy. let it ride. you keep saying he abandoned the constitution. there is nothing unconstitutional about what he did. >> where in the constitution does it say he can do that, professor? where he can strong arm corporations into banking $20 billion? >> it is -- ben, are you serious? >> enumerated powers, not a document of unlimited powers, enumerated powers. >> what he did was, he appealed to the -- >> he brought beat him. >> he browbeat them. shamed them. he shamed them. >> bp understood that.