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To: lowbridge
There are two major constitutional problems with the EPA, and other so-called "independent federal regulatory agencies," imo. To begin with, the Founding States made THE VERY FIRST numbered clauses in the Constitution, Sections 1-3 of Article I, to clarify that ALL federal legislative powers are vested in the ELECTED members of Congress. So Congress has a constitutional monopoly on all federal legislative powers whether it wants it or not. And by delegating federal legislative powers to third party agences, Congress is wrongly protecting such powers from the wrath of the voters imo.

Here's Section 1 of Article I:

All (emphasis added) legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

In other words, the only reason that I can figure that cititizens and businesses reluctantly ask the EPA, "how high," when the EPA dictates, "Jump!," is because citizens are not being taught constitutional limits on federal government powers in the nation's schools.

Also, what's even worse than Congress unconstitutionally delegating regulatory powers to constitutonally undefined federal agencies like the EPA is this imo. The states have never delegated to Congress via the Constitution the specific power to regulate environmental issues, the 10th Amendment clarifying in general that the Constituton's silence about such things means that such issues are automatically uniquely state power issues. So not only is Congress wrongly delegating legislative powers to rogue federal agencies, but Congress is delegating powers which the states have never delegated to Congress via the Constitution.

Finally, it wouldn't surprise me if Congress's unconstitutonal delegation of federal regulatory powers to agencies like the EPA is nothing more than smoke-and-mirrors way for corrupt Congress to bypass its Article V requirement to petition the states for specific new powers via constitutional amendments.

What a mess! :^(

30 posted on 11/18/2012 9:06:19 PM PST by Amendment10
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To: Amendment10

Your posting capsules the situation. The AGs of many States should jointly file suit in Federal Courts (to elevate to SCOTUS) to abolish such regulatory agencies like the EPA.


34 posted on 11/19/2012 1:35:07 AM PST by octex
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