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.

Mutiny of the Deep State

Here is a story about how federal employees are defying President Trump and his appointees.  The story is generally sympathetic to the mutineers.  Working in government is not a right.  Long tenure does not mean that you get to set policy.  Love him or hate him, President Trump is the chief executive.  He's the boss, the top dog, the big cheese, the orange overlord.  When the Obama Department of Justice declined to prosecute the New Black Panthers for voter intimidation after they had loitered with clubs at a polling station during the 2008 election, J. Christian Adams resigned and became a critic outside of government.  He disagreed with the decision of President Obama and his appointees but didn't become some mole in the administration who would leak classified data.  Too often, that is what is happening now.

 

The deep state, the regulatory state, the bureaucracy, or whatever else one might call it is profoundly unconstitutional.  The Constitution says "All legislative Powers herein granted shall be vested in a Congress of the United States."  The EPA is not the Congress and yet the Federal Register returns 14,640 documents regarding EPA rules.  These rules are binding on the citizenry but they were not legislated by elected representatives; they were written by career bureaucrats who remain in their jobs for decades, regardless of which party is in office.  There are so many of these bureaucracies that Congress doesn't have the time for anything but cursory oversight.  Worse, the Congress has passed laws that limit the executive's authority (that's also unconstitutional) in managing these almost independent fiefdoms of regulatory power.  ANY rule or regulation that can result in a penalty must be legislated by the Congress.  By outsourcing legislative power under the euphemism 'regulation,' the government has experienced massive growth.

 

Sticking with the EPA, here are a few of the arms within the agency:

 

1. Office of Policy: The OP creates the regulations and is the effective legislative branch of the EPA.

2. Office of Enforcement and Compliance Assurance:  The OECA enforces the regulations, basically what an executive branch does.

3. Office of Administrative Law Judges: The OALJ adjudicates the regulations and is the judicial branch.

 

Look how convenient that is: legislative, executive, and judicial all in one agency.  Who needs separation of powers?  The separation of powers exists to prevent the consolidation of power into one entity but too many of these regulatory agencies are self-contained realms whose various parts are unlikely to provide a fair hearing to those it chooses to harass.

 

The swamp likes this cozy arrangement and is alarmed by Trump's threat to drain it, thus the mutiny.