Supreme Court EPA Ruling and the US Constitution

A look at the U.S. Constitution and how it applies to the June 30, 2022 Supreme Court EPA ruling …sending power back to Congress.

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
Article 1, Section 1 of the US Constitution

ALL legislative powers – means ALL. Does that leave any legislative powers for the Executive branch? The Judicial Branch? Bureaucratic agencies? Absolutely not! ALL doesn’t leave crumbs.

On June 30, 2022, the U.S. Supreme Court issued a ruling which limited the Environmental Protection Agency’s (EPA) authority to set standards on climate-changing greenhouse gas emissions for existing power plants.

The court ruled 6-3 that Congress, not the EPA, has the power to create a nation-impacting system of cap-and-trade regulations to limit emissions from existing power to push the nation to transition away from coal to renewable energy sources.

You’ll find nowhere mentioned in the U.S. Constitution the bloated bureaucratic alphabet soup we have today. They were first created as an extension of the Executive branch under Franklin Delano Roosevelt in the 1930’s when he created the SSA, FSA and others. The easy way to remember that is FDR created all the acronyms … just like his own name has been abbreviated to one.

None of these agencies are constitutional. They are like branches of government that have largely been left unchecked, unbalanced by the three legitimate branches of government. They are like rogue vigilantes who have become gods unto themselves.

President Richard Nixon proposed the establishment of the EPA on July 9, 1970. It began operating on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate to implement Congress-approved rules. Just because its creation was approved by Congressional committee, that doesn’t give it the ability to create new laws. Congress can’t delegate its law-making powers to an independent agency.

The Supreme Court’s ruling that the EPA doesn’t have power to create regulations is absolutely spot on. Even if you want to call these agencies part of the Executive branch, they don’t have the Constitutional authority to create law.

If you look in the Constitution, the only time the term, “regulation” is mentioned is in conjunction with Congress. When someone or a business entity can be punished (fined, imprisoned, etc.) for breaking a rule, that’s a form of law. Regulations are basically rules for implementing a law. The way regulations have been created by the Executive branch and the unconstitutional agencies is completely unconstitutional.

ALL LEGISLATIVE POWERS are vested in the Legislative branch (Congress). If you want a new law, it’s got to go through Congress. A board of un-elected bureaucrats or an out-of-control President don’t get to make edicts that make American citizens or American businesses pay fines or worse for the violation of their stipulations.

Finally, the Supreme Court is doing its job of upholding the US Constitution so that the Legislative branch can do its job which has been abdicated by varying degrees since the 1930’s! This ruling isn’t about whether you can protect the environment, it’s about who is in charge of passing laws regarding it – bureaucrats or Congress (elected by the people).

Biden and the Green-New-Dealers can pout all they want about the Supreme Court decision, but the fact is that the United States of America is a REPUBLIC, not a democracy or a bureaucracy – or at least the Constitution is a document of a REPUBLIC. Not that anyone has really been following it closely for decades. Republic means RULE BY LAW .. not rule by oligarchs, bureaucrats, Presidents, mobs, majorities, or world organizations.

With this decision by the Supreme Court, we can say a massive, “SCORE ONE FOR LIBERTY!” Now, if they will rein in the other nonsense being done by these agencies to the American people.

While the Supreme Court is concerned about bureaucrats making sweeping decisions that impact our economy, I’d love to see them look at the Federal Reserve next … which is not even Federal. It is a private group of bankers who control our entire economy! No checks, no balances, no audits… just free reign over our economy!

And the list goes on, and on, and on… this could be fun!