Thursday, June 30, 2022

Congress Makes Law, Not the EPA

The Supreme Court has nixed a 'regulation' that the EPA sought to inflict.  The EPA argued that it was merely making regulations pursuant to the Clean Air Act.  In West Virginia v. EPA, the court decided that the agency did not have unlimited regulating powers.  The court held that such dramatic changes in regulation must be enacted by Congress.  Precisely!  As I recently noted, Article 1, Section 1 of the Constitution states that All legislative Powers herein granted shall be vested in a Congress.  For far too long, these alphabet agencies have had free rein to legislate by regulation without Congressional input.  Congress loves this state of affairs as it centralizes more power in the capitol without the Representatives and Senators besmirching their voting records with the onerous regulations.  Now, if the Congress wants to regulate coal mines out of existence, they have to legislate.  Even Democrats in safe districts don't want to give that kind of ammunition to a rival candidate.

If Congress didn't write the law and the President didn't sign it, it's invalid.  It's bureaucratic overreach.  Where Trump failed to defeat the administrative state (AKA Drain the Swamp), the Supreme Court may succeed by removing its regulatory authority.

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