Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

EPA, Texas go to war over carbon-emission rules (What can a state do if it loses in court?)
Hotair ^ | 12/26/2010 | Ed Morrisey

Posted on 12/27/2010 12:41:21 PM PST by SeekAndFind

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 221-233 next last

1 posted on 12/27/2010 12:41:23 PM PST by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind

This is huge


2 posted on 12/27/2010 12:51:13 PM PST by Java4Jay
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

It’s ironic that this will all come to a head as we prepare to observe the 150th anniversary of the start of the last civil war.


3 posted on 12/27/2010 12:53:16 PM PST by MeganC (January 20, 2013 - President Sarah Palin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

We need to start gutting the EPA’s budget as congress’ first order of business.


4 posted on 12/27/2010 12:54:48 PM PST by marron
[ Post Reply | Private Reply | To 1 | View Replies]

To: marron

Agreed... write your congressman... although I doubt they will care enough to read your concerns.


5 posted on 12/27/2010 12:55:47 PM PST by TV Dinners (Hope is not a Strategy)
[ Post Reply | Private Reply | To 4 | View Replies]

To: SeekAndFind
What can a state do if it loses in court?

That's easy. The governor - - if he has the guts - - can thank the court for weighing in and then do whatever is in the best interests of his state so long as he does not violate the provisions of the US Constitution, which enumerates certain, specific, limited powers to the federal government. Everything else, you see, is left to the states.

6 posted on 12/27/2010 12:56:22 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

If Texas pushes this as a Constitutional challenge in court, the EPA gets their heads handed to ‘em.

Amy power not specifically granted the Fed automatically reverts to the States and the people. Nowhere in the Constitution is “EPA” or anything remotely close mentioned. They lose.....big time.


7 posted on 12/27/2010 12:57:59 PM PST by RightOnline
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
(What can a state do if it loses in court?)

It can do at least three things if it doesn’t want to knuckle under. BTW, this is what states must do if the federal government itself doesn’t strike down or repeal ObamieCommieCare:

1) A state's highest court could "underrule" (as opposed to overrule) a federal court decision,
2) Along the same line, legislatively, a state could nullify an abhorrent and unconstitutional federal law, mandate, or regulation,
3) The last resort for a state that has reached the point where it has suffered as the Declaration of Independence calls it, "...a long train of abuses and usurpations, pursuing the same Object...[of]...absolute Depostism..." it can and should divest itself of and cede from the federal government.

8 posted on 12/27/2010 12:58:34 PM PST by Jim W N
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

With high probability, in the end, when the fight gets bloody, RINO’s always surrender...


9 posted on 12/27/2010 12:58:53 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lancey Howard
The governor - - if he has the guts - - can thank the court for weighing in and then do whatever is in the best interests of his state so long as he does not violate the provisions of the US Constitution, which enumerates certain, specific, limited powers to the federal government. Everything else, you see, is left to the states.

The governor who takes them on smartly and boldly would be the front runner for president in an instant. Ignore every ruling that can't be supported by the constitution, and dare them to do something about it.

10 posted on 12/27/2010 12:59:33 PM PST by marron
[ Post Reply | Private Reply | To 6 | View Replies]

To: SeekAndFind

Secede

The Obama administration has never bothered to worry about the Constitution.


11 posted on 12/27/2010 1:00:06 PM PST by Venturer
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Considereing that the structure of our government is one of “balance of power” and “three coequal branches of government”, the bigger question is, who put the judiciary at the top of the food chain? Screw the men in black.


12 posted on 12/27/2010 1:00:42 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

It would be interesting to see a State pass laws that bind US Senators and Congressmen to specific votes.

For example Texas passes a law with to require Texas Senators and Congressmen to vote no on any legislation that contains EPA or FCC budget dollars.

At least for House members, it is well established that the State sets the voting districts. At least for House members the penalty could be that by voting to give any money to the EPA or FCC, that the house district will be dissolved and reapportioned.


13 posted on 12/27/2010 1:01:04 PM PST by updatedscreenname
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

I side with the South, just like last time.


14 posted on 12/27/2010 1:02:58 PM PST by Java4Jay
[ Post Reply | Private Reply | To 1 | View Replies]

To: marron
We need to start gutting the EPA’s budget as congress’ first order of business.

First Darryl Issa should hold hearing to expose the EPA's America haters. Grill that skanky Lisa Jackson Then gut the EPA like a fish you just caught.

15 posted on 12/27/2010 1:03:07 PM PST by dennisw (- - - -He who does not economize will have to agonize - - - - - Confucius)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Lancey Howard
“three coequal branches of government”,

If they are co-equal, then two of the three ought to be able to over-rule the third.

16 posted on 12/27/2010 1:03:28 PM PST by marron
[ Post Reply | Private Reply | To 12 | View Replies]

To: Jim 0216

Texas can do all of this... then watch as Texas begins to lose federal funds for various ‘projects’...

Although, Texas (and Texans) could probably survive without federal funds for many projects.


17 posted on 12/27/2010 1:04:01 PM PST by TV Dinners (Hope is not a Strategy)
[ Post Reply | Private Reply | To 8 | View Replies]

To: dennisw; SeekAndFind

EPA is a bunch of DMV clerks launching a palace revolt and appointing themselves king.


18 posted on 12/27/2010 1:06:00 PM PST by marron
[ Post Reply | Private Reply | To 15 | View Replies]

To: SuperLuminal
With high probability, in the end, when the fight gets bloody, RINO’s always surrender...

Unfortunately, that is all too true.

Who can ever forget when the governor of Florida, Jeb Bush, was faced down by a stinking county probate judge and the world got to watch the excructiating, televised, month-long state murder by starvation of an innocent young woman.

19 posted on 12/27/2010 1:07:03 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 9 | View Replies]

To: SeekAndFind

EPA Issues Six Greenhouse Gas Rules
http://www.freerepublic.com/focus/f-news/2648035/posts

Broke here first today...mods. bumped it out of breaking and put it in “blogger personal.”


20 posted on 12/27/2010 1:10:20 PM PST by EBH ( Whether you eat your bread or see it vanish into a looter's stomach, is an absolute.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 221-233 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson