Posted on 03/17/2015 10:01:42 PM PDT by george76
resident Obama has found himself at odds with his old law school mentor over the Environmental Protection Agency.
Laurence Tribe, a liberal constitutional scholar at Harvard University, told House lawmakers that EPA carbon dioxide regulations are tearing the Constitution apart.
“EPA possesses only the authority granted to it by Congress,” Tribe told lawmakers in a hearing Tuesday. “Its gambit here raises serious questions under the separation of powers… because EPA is attempting to exercise lawmaking power that belongs to Congress and judicial power that belongs to the federal courts.”
“Burning the Constitution should not become part of our national energy policy,” Tribe added.
Tribe, along with other legal and energy experts, appeared before Congress Tuesday to give testimony on the EPA’s “Clean Power Plan” — the agency’s plan to cut carbon dioxide emissions from new and existing power plants. Tribe told lawmakers the CPP is unconstitutional and outside the agency’s authority.
EPA is attempting an unconstitutional trifecta: usurping the prerogatives of the States, Congress and the Federal Courts all at once,” Tribe told lawmakers.
This is not the first time Tribe criticized the EPA’s power plant rules.
(Excerpt) Read more at dailycaller.com ...
Rand Paul has written a book that all of us should read. It is “Government Bullies: How Everyday Americans Are Being Harassed, Abused...”
The EPA should be abolished and replaced with an appropriate agency..Also, the IRS, Department of Education and others who have taken the power over the people which has been granted only to the three branches of government. What has happened and is happening is beyond disgraceful..It is criminal and should be stopped at once. Are you listening to us, Congress?
However, MORE DEAD BABIES is ALL the women care about on the left.
I suspect they fear what will happen when R's get back the Presidency, knowing what they would do in our position as to payback.
0bama’s fault!
Defund the EPA bump for later...
Reading this article from Daily Caller, you might think that. But the article has left out a very important fact.
Tribe and his law firm were hired by Peabody Coal Co, to write the position paper and testify. Tribe is saying what you expect a coal company lobbyist to say.
Tribe saying that Obama and his EPA are usurping power from the courts and congress is not true.
Regulation of CO2 by the EPA is being driven by SCOTUS decisions, in 2007, 2011, and 2014. And there will be at least one more SCOTUS decision. After Obama issued his CO2 regs on existing power plants last June, Murray Coal filed a suit followed by 12 coal states filing a separate suit. Later this year, EPA will issue their final rule, after which numerous more suits will be filed and all that will have to go back to SCOTUS.
Regarding Congress, then Sen Obama, in 2008, was a big advocate of Congress pre-empting EPA. And as Prez, Obama deferred to Congress giving both the house and senate plenty of time to pass the cap and trade legislation.
It was only after both the House and Senate failed, in 2010, that Obama and his EPA moved forward with the CO2 regs on new permits/plants. And that was settled by the SCOTUS decision in 2014, in Obama's/EPA's favor.
Now they are fighting about regs on new permits/plants, which as I pointed out, will be litigated all the way to SCOTUS.
But in the mean time, we are going to use this issue to try to elect a GOP prez in 2016. After which, the GOP will control the House, Senate, and Presidency, after which the GOP will enact the cap and trade legislation they want to regulate carbon.
If the poles actually reverse, as some geophysicists and astrophysicists think they will do soon, you'll need to make some changes if you're up in the mountains, since the cosmic-ray flux will increase strongly when/if the Van Allen Belts collapse.
Previous magnetic reversals have been marked by mutations in the ocean's pelagic fauna and some extinctions and first appearances. This is part of the geochronological and paleontological record. But cosmic radiation flux increases, at least that attributable to charged particles, would seem to be the cause. UV would probably not increase, but gamma radiation from charged-particle decay might increase at the surface along with the flux of charged particles.
Humanity has lived through several reversals, though we could wind up with blue honeybees and lime-green squid.
I challenge your assertion that the GOP caucus, or the GOP leadership, wants cap-and-trade, which is an economic and doctrinal abomination against free trade, free markets, and free people. It's a repudiation of capitalism and a figment of Green Marxism.
Thank you. We’ve been taking some minor precautions and are planning more.
Weak spots in the magnetic field can allow solar storms and other bombardments to cause a process that can deplete the ozone layer (nitrogen gas dissolved, so to speak, into atoms reacting with oxygen gas to form nitrogen oxides: ozone destroyers). So the UV threat may be likely, too.
As for gamma rays, some construction projects would be necessary. :-)
Another event can cause ozone depletion, if I remember correctly: natural methane leaks, which can likely be increased by increasing seismic activity (possibly another consequence of a more rapidly shifting outer core and mantle).
Ah...good news: the ozone can naturally replenish quickly, within a year or two.
In my opinion, we are being sold a bill of goods with the man-caused global warming canard. Also in my opinion, many people want to corner markets and get the jump on their neighbors (other nations). There are also the extortion schemes from supported, un-developing nations that have served as retreats for the abominable vices of the rich and famous.
It's not just your opinion, it's a natural fact.
The Communist Party wrote an "environmental plank" or planks into their platform that incorporated several Green concerns at some point (I don't know when or who). They organized their planks around the basic idea that capitalism damages the environment (not just the proletariat) and so must be regulated into subservience and then extinction by ortho-Communism, the Friend of Mankind.
With the implosion of Communism in eastern Europe, the Communists, nothing daunted, recast their environmental pitch in the form of the package of ideas and arguments that Maurice Strong, then doyen of the Communist Party of Canada, took to the Rio Conference in 1991, where he found a major customer (or fish) in Al Gore, who'd run for President three years before and needed a brand new bag to take on the road.
Presto, the New Environmentalism and drowning polar bears.
Something to consider: If you are planning some shielding or screening plans (like Faraday cages and x-/gamma-ray shielding) you might want to consider looking up multiple shielding materials (usually metals) and finding out where in the spectrum they offer shielding (each one will vary by wavelength, with gaps, and the trick is to use multiple materials so the gaps are overlapped by the absorption spectra of other materials) and then adding them up for continuous spectral shielding.
Another idea is, rather than using refined metals (sheet metal, foil, etc.), one can get similar protection cheaper by using e.g. mine tailings or raw ore as a concrete aggregate, or grinding it up fine and using that as a stucco .... and then testing for transmission using a geiger counter or other test equipment. It would be helpful in this regard to know a quantum physicist who has access to a portable x-ray spectrometer and who could make suggestions about suitable elements to include in your shielding spackle (copper, nickel, zinc, antimony, iron, etc.). You probably wouldn't opt for expensive materials like gold foil and cold-rolled copper sheets: like I said, tailings and slag are better bets for economy.
Just a suggestion.
Also, earth works, too, if you use enough of it and don't mind the excavation expense.
If you use a gasoline generator, you might try building a giant hookah for the exhaust ..... and use the water to suppress IR signature, as modern warships sometimes do.
Fewer visitors that way.
Just thinking out loud.
A long time ago a giant mass of plain everyday Americans got up off their behinds, made signs, and headed to Washington DC to make it clear they still considered the government worked for them. They decided they were not going to sit back quietly and take overreach and abuse from the politicians.
Boy, that really did scare the pants off those cretins in DC becuse the group had no real leaders and such, they were citizens who had enough abuse.
Politicians on both sides of the aisle just wanted those people to shut up, go home and let them run the country into ruins.
What scared those crumb bumb politicians the most is that this great big group of citizens had no leaders they could demonize and alinsky to death. They tried to pretend that mass of people weren’t even there in DC.
The Federal government has always feared a huge uprising of the people, especially and peaceful type that gained steam and called them into question for their malpractice and defiance of their oaths to protect and defend the Constitution.
All things went well until the mass of citizens started breaking into small groups who wanted power and attention. They then started engaging in party politics and letting politicians become their spokespeople. This gave the DC politicians all they needed to squelch that citizen wind to hold them accountable. The wind kind of died, though there is still the remnants spread out across the US.
None of this destruction will stop unless the government “fears” the people again.
Because they can't.
Congress, between 1955 and 1972, passed a raft of "environmental" laws which basically stated goals like "we will have clean air", and "we will not pollute water", and delegated to the Executive Branch the power to issue regulations with the force of law to accomplish those goals.
Now, I think that delegating exclusive powers granted BY the People of the United States TO Congress is unconstitutional. The US Supreme Court agreed until 1937, but since the famous "switch in time that saved nine" the Court has allowed such delegation of lawmaking power to the Executive Branch.
The problem is not the EPA (well, the MAIN problem, anyway). The problem is the unconstitutional laws. Congress did not create the EPA, it was created by Executive order. Since it has no statutory authority to operate, there is no underlying legislative framework to repeal. And if a President revoked the Executive order creating the EPA, thousands of revolutionaries in the Departments of the Interior, Agriculture, Commerce, Labor, Energy, Transportation, and now Homeland Security would go right on issuing regulations to enforce the laws that empower the Executive Branch to pursue the utopian goals of Congress's own foolish environmental legislation.
Two things are necessary to "rein in" these "rogue agencies".
The first is repeal of the Clean Air Act (1963), the Wilderness Act (1964), the Water Quality Act (1965), the Wild and Scenic Rivers Act (1968) and the National Environmental Policy Act (1969). All these laws allow, and arguably command, the EPA to do what it is doing.
The second is an Amendment to the Constitution to state the obvious, which everyone knew from 1788-1937, that the phrase "All legislative powers herein granted" that begins Article I means that those powers which belonged to the People of the United States and to the several States prior to the grant of such powers to Congress ARE NOT SUBJECT TO DELEGATION.
The EPA and the other "rogue agencies" are a convenient target for Members of Congress to use in order to justify their inaction to their constituents, but the agencies are not the problem. The problem is the laws, and only Congress can fix that.
We've got your cold air over here in New Hampshire.
Can we send it back?
“...a liberal constitutional scholar at Harvard University...”
There’s an oxymoron if I ever saw one.
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