Please read this post from Powerline on the EPA's decision to regulate CO2 as a pollutant.Even the cautious lawyers at Powerline recognize how late the hour is, as evidenced by this excerpt:
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...The architects of the modern administrative state with its vast array of administrative agencies combining legislative, executive, and judicial powers have sought to displace the system of self-government imagined under limited powers into being by the American Constitution. As we see in the case of the EPA endangerment finding, they have achieved extraordinary success.
it is important to understand what is happening at its roots so that resistance can lead to restoration. Given the abdication of the courts under the doctrine of the living Constitution -- meaning, as my friend Steven Hayward says, that the written Constitution is dead -- it remains in the hands of Congress to take back the powers it has ceded to administration.
And if not this Congress with the blessing of this president, then another Congress with the blessing of the next president.
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Your statement assumes a fact not in evidence, counselor.
It is an entirely open question, ladies and gentlemen of the jury, as to whether or not it is even possible, in these early days of the 21st century, to elect a Congress with a majority that understands and adheres to the Constitution and Bill of Rights, as written.
What if such a thing can no longer be done?
Do you understand yet?
I understand, and I think a lot of others do too. There's very little chance of restoring even a sizable chunk of the Constitution in one or two election cycles. The SCOTUS isn't even elected. The SCOTUS and the other branches subvert the constitution for one main reason: because they can. It's up to us not to let them. We can try flexing our muscles at the ballot box and try we do, but that's still playing the "majority rules" game. How can one expect to defend the bill of rights against a possible tyranny of the majority, if one plays this game as if its the only game in town?
ReplyDeleteThe only answer is that we need to flex our muscles the best way that a small but determined minority can.
I cannot wait to fully publicize the "Restore the Constitution" and "Muster Outside DC" plans!
In a boneheaded ruling, SCOTUS has already decided 5-4 that carbon should be regulated. Meaning that it was only a matter of time before Congress or EPA had to do this. Not that I agree with it, but that's the logic train.
ReplyDeleteI read something on National Review (sorry, can't find it) that said Congress could with a simple vote, decide to defund EPA. They won't. If the Contract with America bunch couldn't defund the NEA or CPB, then where will they discover the courage to defund EPA?
For years I'm afraid, these utility CEOs have given enviros what they want in exchange for a seat at the table to craft the rules/regs. So in yielding the "battlefield" unfought and the debate unargued, they have little standing to debate or challenge now. The Climate Tricksters e-mails provide a fantastic opportunity to reverse this, or even dig in our heels, file a suit, and stop all construction on future environmental projects until the science is truly settled. They won't though.
...whether or not it is even possible, in these early days of the 21st century, to elect a Congress with a majority that understands and adheres to the Constitution and Bill of Rights, as written.
ReplyDeleteIsn't that what a lot of people thought they were doing in 1994? Yeah, that went well...
I don't believe the Founders intended for a branch of government to determine the legitimacy of said governments' actions. That would be absurd.
ReplyDeleteEqually absurd is arguing before scotus an administrative rule promulgated by an agency which the Constitution does not authorize, and is therefore illegitimate.
A political restoration is unlikely at this point.
God help us, and God Save Our Republic!
ReplyDeleteThe 9th and 10th Amendments are the key to restoring the Republic. The STATES are at least equal to the fed, and in most cases, superior.
ReplyDeleteYour county Sheriff is the HIGHEST law enforcement officer in your county. None can override him/her, not even the President. Check out www.sheriffmack.com He, along with other Sheriffs, fought the Brady bill to the SCOTUS and WON based on the 10th Amendment. Scalia's majority opinion is worth a read, as it specifically cites the dual-sovereignty issue.
States do not take orders from the fed. They are not administrative divisions of the fed. They do not have to obey the regulations or tolerate the intrusions and oppression. They must uphold the Constitution. That's it.
There is a National Sovereignty Symposium taking place in Omaha, NE on January 16. State legislators are getting together to talk about state sovereignty.
The national government is a loss. But the states are rising.
azcIII
azcIII, my sheriff is a pissant political pinhead whose main function is running a jail and playing second fiddle to a big city political cabal. Oh, right, he did want to get some machine guns for his harbor patrol boat, luckily that was denied. Sheriff as jailer is a growing situation as cities, towns, hamlets and villages all have their own pds (with largely rural states the exceptions). My pinhead wouldn't know a constitutional prerogative from a taco, which he buys on the sidewalk down the block from his overstuffed jail.
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