Posted on 09/23/2016 6:30:37 PM PDT by george76
The D.C. Circuit Court of Appeals will hear oral argument next Tuesday, September 27 on the Environmental Protection Agencys so-called Clean Power Plan. The centerpiece of resident Obamas climate policy agenda, the Plan establishes first-ever carbon dioxide (CO2) emission standards for existing (already built) coal and natural gas power plants. The Plan will increase consumer energy prices and impede job and GDP growth yet have no discernible effect on global temperatures or sea levels. However, thats not why the Court should strike it down.
The Court should overturn the Plan because it is an unlawful power grab. The Plan will compel States to establish new, or more aggressive, cap-and-trade programs and renewable electricity mandatespolicies Congress has debated for 20 years and repeatedly declined to enact. Moreover, no federal statute authorizes the EPA or any other agency to play national electricity czar revising the policies and directing the actions of State legislatures and public utility commissions, yet that is exactly what the EPA has done with the Plan.
The Plan is unlawful on several counts
...
The EPAs Power Plan will seriously undermine the rule of law, federalism, and the separation of powers. What the Supreme Court said in a previous case dealing with CO2 emissions from stationary sources applies in spades to the present controversy: EPAs interpretation is . . . unreasonable because it would bring about an enormous and transformative expansion of EPAs regulatory authority without clear congressional authorization.
(Excerpt) Read more at dailycaller.com ...
I see the evil mf’er is on the move again....he said he was going to do this.
The EPA is anti American. It should be dismantled and all their employees banned from any gov’t work for life.
He saved some good stuff for the bitter end. I remember 8 years ago when he said “under my plan electricity rates will necessarily skyrocket”.
It was one of very few times I believed him.
10 out of 10.
He’s lighting fires in every room of the WH trying to do as much damge as possible as he makes his exit
The first thing President Trump should do after he orders his AG to indict the Clintons is to shut down the EPA, an agency that is at the very forefront of globalist-inspired tyranny.
As time goes on It's becoming more obvious that he's intentionally rattling our cages and agitating us like the smartass punk kid he was in his youth. He's exhibiting transference remembering back to those times when his black Communist mentor was yanking his britches down and cleaning his tonsils out after getting him high on marijuana. I think he's trying to get white men to react to the BLM movement with force so he can unleash his brownshirt monkeys.
Absolutely! But that isn’t the only unconstitutional bureaucracy which needs to be eliminated. EPA has been poisoning our waters for decades (on purpose). It is as evil as the IRS and Dept. of Education.
It is for cases like this that Obama had Harry Reid use the “nuclear option” to stack the DC Court of Appeals with 3 extra liberal justices. This is the way that his unconstitutional government regulations and executive orders will not be overturned.
Did not this ship already sail back in 2007 when the USSC ruled that the EPA had the power to regulate carbon as a pollutant in cars?
Patriots, regarding the constitutionally undefined EPA, please consider the following material from related threads.
The states have never delated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for environmental issues. The significance of not having enumerated powers to address environmantal issues is the following.
Previous generations of state sovereignty-respecting justices had clarified, in broad language, that power not expressly constitutionally delegated to the feds are not only prohibited to the feds, but Congress cannot appropriate taxes in the name of such powers.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
But even if the Founding States had delegated such powers to the feds, there are still major constitutional problems with the EPA.
More specifically, the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, evidently a good place to hide these clauses from Congress (sarc), to clarify that all federal legislative / regulatory powers are vested in the elected members of Congress, not in the executive or judicial branches, or in faceless, non-elected bureaucrats such as those running the EPA, IRS, FAA, EEOC, DOL and CRC as examples.
So Congress has a constitutional monopoly on federal legislative powers whether it want it or not. But by unconstitutionally front-ending itself with non-elected bureaucrats who are effectively running the country, Congress is wrongly protecting legislative powers from the wrath of the voters in blatant defiance of Sections 1-3 mentioned above, such powers actually mostly 10th Amendment-protected state powers that Congress is letting everybody in the corrupt federal government steal from the states.
In other words, corrupt lawmakers are wrongly letting constitutionally unauthorized federal officials get away with stealing and exercising state powers so that federal bureaucrats can do Congresss unconstitutional and unpopular legislative work for it.
By allowing this to happen, lawmakers are able to keep their voting records clean so that they can fool low-information patriots, patriots who dont understand the feds constitutionally limited powers, into reelecting them imo.
Remember in November !
Patriots need to support Trump / Pence by also electing a new, state sovereignty-respecting Congress that will work within its constitutional Article I, Section 8-limited powers to not only support Trumps vision for making America great again for everybody, but will also put a stop to unconstitutonal federal taxes and unconstitutional interference in state affairs as evidenced by the actions of the unconstitutional EPA.
Note that such a Congress will also probably be willing to fire state sovereignty-ignoring activist justices.
Won't matter they will just run for Congress, Hastings paved the way. Not that Congress will do anything anyway.
The agency’s have deliberately turned into their own little thiefdoms or corrupt governments, they need to be swept clean
I think it would be prudent to purge the FBI of the corruption, then go after the rest.
I think it would be prudent to purge the FBI of the corruption, then go after the rest.
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Yes, you’re probably right about that.
I would love to see Trump do that.
I consider myself an environmentalist - in the sense of the word that means I care about protecting the environment. But I have no common ground with liberals who see the environment merely as an issue to tax, grab power, control us, and make our lives miserable. (Also I seriously doubt that humans are having any appreciable effect on the climate. If liberals cared about the environment, they’d clean up the water first.)
I agree.
As aggravating as it is, think about it this way. He is actually frustrated by his lack of power. He has seriously underestimated the will of the American people. He sounds much more like a small child having a tantrum or a teenager making empty threats than the leader of the most powerful nation on earth. He is stamping his foot and holding his breath, trying to force a reaction from the adults in the room. Despite being annoyed by his infantile behavior, we are mostly ignoring him and that makes him even angrier. Pay attention to me!!!!
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