"Look Out: Gas Stoves are the Admin's Newest Target (Idaho)"
Respectfully to Sen. Risch, why doesn't he argue the following against Biden's proposed gas stove policy?
Patriots are reminded that Biden can only sign or veto bills from Congress which are reasonably based on Congress's constitutional Article i, Section 8 limited powers.
"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.
More specifically, the problem with bills restricting gas stoves is that there is nothing in Section 8-limited powers that allows Congress to make bills to regulate either gas or gas stoves imo.
In fact, Justice Joseph story had volunteered a list of example commerce-related issues that, although intimately (Story's word) related to commerce, are not within Congress's Commerce Clause powers. Among those examples is how a product is designed and built imo.
"The question comes to this, whether a power, exclusively for the regulation of commerce, is a power for the regulation of manufactures? The statement of such a question would seem to involve its own answer. Can a power, granted for one purpose, be transferred to another? If it can, where is the limitation in the constitution? Are not commerce and manufactures as distinct, as commerce and agriculture? If they are, how can a power to regulate one arise from a power to regulate the other? It is true, that commerce and manufactures are, or may be, intimately connected with each other. A regulation of one may injuriously or beneficially affect the other. But that is not the point in controversy. It is, whether congress has a right to regulate that, which is not committed to it, under a power, which is committed to it, simply because there is, or may be an intimate connexion between the powers. If this were admitted, the enumeration of the powers of congress would be wholly unnecessary and nugatory.Agriculture, colonies, capital, machinery, the wages of labour, the profits of stock, the rents of land, the punctual performance of contracts, and the diffusion of knowledge would all be within the scope of the power; for all of them bear an intimate relation to commerce. The result would be, that the powers of congress would embrace the widest extent of legislative functions, to the utter demolition of all constitutional boundaries between the state and national governments [emphases added]." —Joseph Story, Commentaries on the Constitution 2:§§ 1073--91
"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.
The bottom line i this. ALL the states desperately need to effectively "secede" from the unconstitutionally big federal government by repealing the 16th (direct taxes) and 17th (popular voting for federal senators) Amendments (16&17A).
If the repeal 16&17A amendment was strictly limited to that purpose, then relatively little, or ideally no discussion would be needed before ratification imo.
While very true, it is also true that the federal government has slipped the constraints of limited government and is a tyrannical behemoth beyond comprehension. They have done countless destructive things way beyond the enumerated and limited powers granted in the Constitution. That argument won't be a good one to deliver to Risch. Hopefully it can be applied by SCOTUS when it gets to them.
I'm looking for concrete things to recommend to Risch to fight this. His question at the end of his email is horrendous in its limited thinking:
What do you think? Is the Biden administration's crusade against gas stoves a waste of time?Whether it is a wasted of time is inconsequential. Who CARES if it is a waste of time? What matters is the tyrannical nature of what they are doing.