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1 posted on 04/19/2011 12:31:15 PM PDT by library user
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To: library user
As I understand, President Nixon created the EPA forty years ago, by Executive Order. A similar such order might redefine or restrain its role - but the current White House occupant would be far more likely to expand it.

Now, I certainly invite any Constitutional law scholars out there to check my assumptions, but I think this is where we are:

Only Congress might presently act to withdraw authority from the agency through legislation - which they certainly will not do as long as the Democrats control the Senate. Otherwise,a specific challenge would need to be brought before the Supreme Court, invalidating the agency's power as an extra-Constitutional exercise of executive authority. But, given the expansive view the Court has long taken toward the Commerce Clause and toward executive prerogatives generally, I don't see that happening either.

34 posted on 04/19/2011 12:55:38 PM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: library user

So you guys are a normal court guided by principles of justice, until it comes to Obamacare or global warming.

Then you’re a panel of Stalinists.


35 posted on 04/19/2011 12:56:12 PM PDT by reasonisfaith (Sarah Palin is above taking the fake high road.)
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To: library user

I can’t say that I’m certain which side is right here. The argument seems to be whether states should enforce eco-fascism on us or whether that role should be left to the EPA.


39 posted on 04/19/2011 12:57:44 PM PDT by eclecticEel (Life, Liberty, and the Pursuit of Happiness: 7/4/1776 - 3/21/2010)
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To: library user
Yes, when the founding fathers began this nation and wrote the Constitution, I am SO certain they envisioned some damnable bureaucracy telling states how much wood they could burn and how much coal was acceptable.

What a pile of garbage.

Folks, take this as a positive: if the court is going to rule NO COURT can rule, then we have to change the legislative branch MASSIVELY, get them to REMOVE the EPA via law, then when the Marxists bring a lawsuit to reinstate the bureaucracy, use this case as precedent.

44 posted on 04/19/2011 1:11:36 PM PDT by Recovering_Democrat
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To: library user
Justice Elena Kagan raised concerns about the enormity of the case, arguing that the states are asking the court to weigh in on a major policy issue.

Mr. Restuccia should invest in a dictionary. That's not an adroit use of the word "enormity."

45 posted on 04/19/2011 1:19:36 PM PDT by snowsislander (The Nigerian 419 scammers must be envious of what this Kenyan fraud has accomplished.)
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To: library user
This mess is not for the court to fix, it's for congress to fix. And fixing congress is the job of the American people.

The US Supreme Court is selected by the dumbass presidents, who are elected by dumbass voters, then they are affirmed by the dumbass congressmen, also selected by the dumbass voters.

No matter how you approach the mess, the buck stops with the voters of this nation.

55 posted on 04/19/2011 2:21:59 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: library user

END THE EPA NOW.

They admitted they do not even consider jobs in their wrecking ball agneda.

Congress created this monster NOW they need to kill it.


59 posted on 04/19/2011 2:33:07 PM PDT by Marty62 (Marty60)
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To: library user
I guess I am lost. Doomed? How? Our highest court may throw out a case where states are asking our judges to limit electric company emissions and hold them liable for the failing health of whoever they identify. I see nothing wrong in this at all. Where does this permit SCOTUS to overstep it's bounds and rule anything about the EPA? Where does SCOTUS have the ability to rule anything in this case except that the states are absurd by bringing it?
60 posted on 04/19/2011 2:33:25 PM PDT by carolinacrazy (Bow to your sensei.... BOW TO YOUR SENSEI...... www.jackassdemocrats.com)
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To: Dr. Bogus Pachysandra; Normandy; FreedomPoster; Para-Ord.45; Entrepreneur; tubebender; mmanager; ...
 


Beam me to Planet Gore !

61 posted on 04/19/2011 2:38:19 PM PDT by steelyourfaith (If it's "green" ... it's crap.)
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To: library user
No way do I want hard science implementations determined by policy wonks (the USSC is THE premier pw club) aided and abetted by the socialist excrement of our legal colleges.
Defund and disband the EPA, and return control back to Congress, where regulation making belongs.
Congress can be changed - policy wonks are everlasting!
64 posted on 04/19/2011 2:50:34 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: library user

Ruth Bader Ginsberg arguing for separation of powers?
Gimme a Break!!!


66 posted on 04/19/2011 3:04:14 PM PDT by Buckeye McFrog
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To: library user

SCOTUS is right. It is the role of Congress, not SCOTUS to defund EPA, even abolish it for bad behavior.


68 posted on 04/19/2011 3:17:05 PM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: library user

Looks like the US Supreme Court may soon be declaring itself an enemy of the people of the United States and a protector of big government.


70 posted on 04/19/2011 3:27:09 PM PDT by aruanan
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To: library user

I have no legal background, so concerning this case, I’m not sure which group of lawyers are the best at making engineering decisions.

I, however, know a hell of a lot more about producing electricity than any non-producer government bureaucrat since making power is my field.

Unfortunately, there aren’t enough people in this country who understand that along with water vapor, CO2 is the product of perfect combustion, neither of which are pollutants.

Nitrous Oxides, Carbon Monoxide, Hydrocarbons, etc are true pollution, AND they can be reduced by proper control of the combustion process. It is actually beneficial to the power companies to reduce these emissions since it denotes incomplete combustion. You’ll have to burn more fuel to make the same amount of heat for the boilers; it’s less efficient for those plants to actually pollute the air.

Carbon Dioxide on the other hand, can not be reduced by tighter controls. It’s the result of complete combustion. The only way to reduce CO2 of a plant is to make less electricity.

What the populous doesn’t seem to grasp is that the power companies don’t make excess electricity and stockpile it in a warehouse somewhere. The power produced is consumed within a blink of an eye, and the amount the plants make is a direct result of what the people are consuming at that instant.

Since the US gets over 70% of its electricity from fossil fuels, reducing CO2 means either turning off your A/C, TV, computer, space heaters, subways, lightbulbs, ipod chargers, phone chargers, Nissan Leaf/Chevy Volt chargers, washers & dryers, refrigerators, hair dryers, etc., or building another 400 nuclear plants on top of the 104 we have.

What the bureaucrats propose is not as easy as checking the air pressure in your tires every week, bringing a tote bag to the grocery store, drinking tap water instead of bottled, or changing your company logo color to green on Earth Day. It’s a complete change of our lifestyle.


71 posted on 04/19/2011 3:53:24 PM PDT by OA5599
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To: library user

Since there is no such thing as human caused climate change, we are living through an Orwellian nightmare. From which we may not awaken.

Lock and load folks. They re are coming for your CO2.


72 posted on 04/19/2011 3:55:34 PM PDT by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: library user

Since there is no such thing as human caused climate change, we are living through an Orwellian nightmare. From which we may not awaken.

Lock and load folks. They are coming for your CO2.


73 posted on 04/19/2011 3:55:58 PM PDT by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: library user
"Congress set up the EPA to promulgate standards for emissions, and the relief you're seeking seems to me to set up a district judge, who does not have the resources, the expertise, as a kind of super EPA," Justice Ruth Bader Ginsburg said Tuesday.

Says the activist judge. What utter BS.

Judges routinely set aside laws and policy when they don't agree with them.

74 posted on 04/19/2011 3:59:57 PM PDT by Colonel_Flagg ("It's hard to take the president seriously." - Jim DeMint)
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To: library user
Economy In Jeopardy As Budget Deal Affirms EPA Climate Programs

Our country is being taken away from us by bureaucrats who answer to no one because the three branches of government actually mentioned in the constitution either share the agenda of those bureaucrats or are too weak to do their jobs.
83 posted on 04/19/2011 5:16:47 PM PDT by yup2394871293
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To: library user
Patrick Michaels: Draconian Energy Regulation Will Never Die (Forbes op ed)
96 posted on 04/19/2011 6:21:39 PM PDT by yup2394871293
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To: library user

Here’s the plan: the Supreme Court rules that the EPA controls, and then Congress (in 2013) defunds and disbands the EPA. Yay! Game over.


104 posted on 04/19/2011 9:51:16 PM PDT by hsalaw
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