Posted on 04/24/2024 4:08:14 AM PDT by FRinCanada2
https://www.npr.org/2024/04/24/1246784475/south-korea-lawsuit-government-climate-change-violating-human-rights
I am posting my own thoughts and analysis while making reference to the NPR article -
The level of authority that President Biden and his administration will have if the term “Climate Crisis” continues to be used by media and talking heads
The so called “Green New Deal” may be administratively implemented without the need to have congress pass legislation if it is done so using “war powers” type authority
What say you?
I hope a major hurricane hits Delaware hard.
If only I could take credit for that analysis — I have heard it from multiple sources but waiting to see if it happens or just speculation
"Constitution guarantees [??? emphasis added] the right to a healthy environment"
Respectfully FRinCanada2, if I understand you correctly, where did you get the idea that the Constitution guarantees the right to a healthy environment?
Regarding OBiden's alleged plan for national climate emergency, please consider the following.
None of the words climate, health, environment, crisis or emergency, are found in the amendable Constitution.
In fact, your word "guarantee" is only in the Constitution once.
"Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government [emphasis added], and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
In other words, regarding concern about a possible OBiden emergency climate edict, the corrupt Congress that patriots desperately need to exercise their voting power to fire in November will predictably look the other way while OBiden steals state powers to make such edicts, just like Congress previously let Obama get away with doing in his second term imo.
”I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.” —James Madison, Speech at the Virginia Convention to ratify the Federal Constitution (1788-06-06)
”To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.” —Thomas Jefferson, Jefferson's Opinion on the Constitutionality of a National Bank : 1791
"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids." —Thomas Jefferson: The Anas, 1793.
"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
Constitutionally non-existent Oval Office power to declare national emergencies probably got started in the time of Constitution-ignoring activist President Woodrow Wilson, under the cover of WWI. More specifically, the Democratic-controlled Congress arguably took advantage of that difficult time by unconstitutionally giving all presidents the power to unilaterally declare national emergencies, President Woodrow Wilson wrongly signing the bill that unconstitutionally gives presidents such power.
"Now, Therefore, I, Woodrow Wilson, President of the United States of America, acting under and by virtue of the authority conferred in me by said Act of Congress, do hereby declare and proclaim that I have found that there exists a national emergency [...]" —Proclamation 1354—Emergency in Water Transportation of the United States (non-FR)
”The system of the General Government is to seize all doubtful ground. We must join in the scramble, or get nothing. Where first occupancy is to give right, he who lies still loses all.” —Thomas Jefferson to James Monroe, 1797.
"If it were, in fact, an unconstitutional exercise of power in congress to pass a law establishing the bank, nothing can manifest the impropriety of over-stepping the limits of the constitution, more than the act which we have just noticed. It shows that the most unauthorised acts of government may be drawn into precedents to justify other unwarrantable usurpations [emphasis added]." —Article 1, Section 8, Clause 6, St. George Tucker, Blackstone's Commentaries 1:App. 262--64, 1803.
In fact, the drafters of the Constitution gave the power to declare war uniquely to Congress to help prevent armed forces from being used as instrument of tyranny, the “power of the purse” House having the power to choose not to support an army led by a rising tyrant.
"Article I, Section 8, Clause 11: To declare War [emphasis added], grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"
So even if corrupt Congress is willing to pay for an OBiden national emergency, it remains that Congress doesn't reasonably have the constitutional power to pay for such an emergency.
Just to be clear that was a quote from an article on the subject and NOT my assertion
I created this thread to track the narrative shift from “climate change” to “climate crisis” which I suspect as does others will be used by President Biden and his administration to invoke “war powers” like “policy” to get the “green new deal” with or without congress or the consent of the governed.
Thank you for sharing that. :)
Thank you for reminding me FRinCanada2. I forgot to note that my critique was directed at the article and not at you.
:)
Coal
New rule compels US coal-fired power plants to capture emissions – or shut down
New EPA directive will cut pollution equivalent to the emissions of 328m cars, but industry group decries it as a ‘reckless plan’
Associated Press
Thu 25 Apr 2024 07.35 EDT
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Coal-fired power plants would be forced to capture smokestack emissions or shut down under a rule issued on Thursday by the Environmental Protection Agency (EPA).
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