Oh, that’s right. We don’t elect EPA Directors. They are appointed bureaucrats. They don’t legislate; they regulate. Or do I have that wrong? I seem to remember that the so-called “Cap and Trade” legislation was never passed by our duly elected Legislators. But the EPA is planning on implementing “Cap and Trade” anyway. I’m confused. That can’t be constitutional.
Apparently, some of our elected legislators feel the same as I. These snips come from our “friends”at Global Warming.Org:
The Senate may vote today on the McConnell Amendment to S. 493. The amendment is identical to S. 482, the Energy Tax Prevention Act, which was passed out of the House Energy and Commerce Committee yesterday evening, with bipartisan support. The legislation would revoke the EPA’s authority to regulate greenhouse gases under the Clean Air Act.
Although this looked like a long shot when Senator Minority Leader Mitch McConnell (R-KY) surprised everyone by offering it yesterday, the Democratic leadership realized late yesterday afternoon that they might lose. That’s when Senator Jay Rockefeller (D-WV) introduced his two-year delay bill as an amendment. That has fallen flat. The outcome appears to be in doubt this morning. There could be a vote and McConnell’s amendment could pass narrowly. There could be a vote and the amendment could fail narrowly. There could be a deal on all the amendments pending and the amendment could be withdrawn as part of the deal. McConnell could pull the amendment because it’s going to fail. Senate Majority Leader Harry Reid (D-NV) could pull the bill from the floor because the amendment is going to pass.
I couldn’t find any news this morning on the McConnell Amendment, so I presume that Reid did pull it from the floor. Coward! But, the Senators are receiving some pressure in favor of the McConnell Amendment. The National Association Manufacturers sent a letter to the Senators. Here is an excerpt from the NAM letter taken from an article at Shopfloor :
At a time when our economy is attempting to recover from the most severe recession since the 1930s, Environmental Protection Agency (EPA) regulations, with no guidance from Congress, will establish disincentives for the long-term investments necessary to grow jobs and expedite economic recovery. The McConnell Amendment seeks to ensure a healthy and productive discussion in Congress on harmonizing our nation’s energy, environmental and economic needs before EPA regulates carbon dioxide (CO2) emissions from stationary sources, including manufacturing facilities.
But what about my concern over whether or not the EPA has the constitutional authority to legislate. Phil Kerpin, writing for The Daily Caller, has done an excellent piece that responds to my concern. Here are two excerpts from the article, which I highly recommend reading:
The U.S. Constitution is crystal clear on where legislative power resides. In fact, it’s the very first thing after the preamble. Article I, Section 1 says: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” But in the Age of Obama, it’s a different story. The legislative powers are being exercised by unelected, unaccountable bureaucrats.Let’s be clear on what is and is not at stake. This is not about the science of global warming, our disastrous overall energy policies, or how we feel about the country’s cherished environmental laws. It is about one thing and one thing only: Who decides? Who makes the laws? And therefore, does the Constitution still matter?
That, my friends, is the point. Does the constitution still matter? Obviously it doesn’t matter much to Obama and the Democrats. Folks, we have to put a stop to legislating by bureaucratic fiat. Maybe it is time for a letter to your Senator campaign in support of the McConell Amendment. What are your thoughts?
Asylum Watch 
Apparently you still don’t get it, Jim. These progressives are smarter, wiser, and more compassionate than you and therefore should, by right of superiority, be making decisions. No piece of parchment written in the 1700s could possibly limit them. Their intellects are so much further advanced than dead white guys… You should be ashamed for even questioning them.
Don’t you see the bright future we have in store if WE just leave THEM alone to control our lives? And don’t give me that argument about the history of governments run by an elite clique… Socialists… Communists… Nazis… They just didn’t know how to do it RIGHT. The modern progressive is, after all, progressive! They’ll do it right because they are, after all, smarter, wiser, and more compassionate than anyone who ever lived, not just smarter, wiser, and more compassionate than you and I.
I hope I’ve set you straight. (sarcasm-OFF)
Ya,well, I’m just a slow learner, Pat. What can I tell you?
The federal bureaucracy is regulating the average American into the poorhouse! Just try to sell a property for development, and along comes the EPA to monitor all sorts of things. Ugh.
The EPA is the true power in America. I’m pretty sure their initials stand for Economy Prevention Administration. We have to cut-off their funds.
Once again, we have a familiar situation. An agenda needs to be implemented, but those in favor of said agenda know full well the general public and many members of Congress do not agree with what they want to do. Therefore, the only logical thing to do is to sidestep one of our founding documents. The ends justifies the means, don’t you see?
Larry, I don’t know how to describe this administration except to say that they are un-American. They have to go!
I’m going to toss one in from left field. The EPA should be completely eliminated as a governmental agency and all environmental enforcement should be conducted at the state level, close to the people most affected. That is far more constitutional than what is going on now; wouldn’t you agree?
Yes, I do agree, John. When I was working in the mining industry, 99.9% of time it was the EPA of the State we were working in the was the control angency and not the Federal EPA. It only makes sense. We always come back to enumerated powers, don’t we. Although, there would be times, where the Fed might be necessary; as in where a poltant was entering a stream which flowed into another state or an air borne polutant might affect another state. But I’m not sure even then the Fed would be necessary because logically the state with the lowest standard should prevail.
Good call, John.
The EPA is our method for passing legislation without representation. It is inherently undemocratic and unconstitutional. For those reasons it is at the heart of our modern governmental structure.
I agree, Tony. The behavior of the EPA is indeed undemocratic and unconstitutional.
When people complain that Obama is a “no show” these days, they’re wrong. I said after the November mid-terms that the regulatory arena would be where the action is.
You certainly called it, CT. They say that one of the signs of a good manager is his/her ability to delegate. Jimmy Carter was a notoriously bad delegator. The Obamster has gone to the opposite extreme. Since he took office, he has delegated everything except his perks. For the first two years, Reid and Pelosi were in charge. Now those in charge are the EPA Director, the Attorney General, the heads of the FCC and the FDA, etc. Obama is President in name only.