Congress has legal clout on Keystone pipeline: study

Reuters ^ | January 20, 2012 | Roberta Rampton

[epithermal]

(Reuters) - The Congress has the constitutional right to legislate permits for cross-border oil pipelines like TransCanada's Keystone XL, according to a new legal analysis released late on Friday.

The study by the nonpartisan Congressional Research Service could give a boost to Republicans drafting legislation to overturn a decision this week by President Barack Obama to put the $7 billion Alberta-to-Texas project on ice.

Historically, U.S. presidents have made executive decisions on pipelines that cross borders. But Congress had the power all along to weigh in on the permits, said the study, done by four legislative attorneys with the CRS.

"If Congress chose to assert its authority in the area of border-crossing facilities, this would likely be considered within its Constitutionally enumerated authority to regulate foreign commerce," the study said.

[oblomov]

Now if Congress would just withdraw the rest of the regulatory powers it foolishly delegated to the Executive, we could restore the republic.

[Venturer]

Obama has stolen enough powers from the Congress , Maybe it’s about time they started taking some away from him.

I like the idea.

[llandres]

bfl

[Bigun]

Marker

[tacticalogic]

Now if Congress would just withdraw the rest of the regulatory powers it foolishly delegated to the Executive, we could restore the republic.

Overturn Wickard v Filburn. If necessary, by Amendment.

[Cicero]

Not to put a damper on this, but does anyone think that Boner has the guts to do this? Or that Harry Reid would go along with it?

Maybe if we succeed in taking over the White House and 60 seats in the Senate, not including Olympia Snowe. But by that time, the Chinese will own the Keystone oil.

[wita]

...be a good start anyway.

[pawpawrick]

If they thought like democrats they would hold off to make a campaign issue out of it.Fortunately we have people who actually care about the country.

[null and void]

two words, congress critters:

SHOVEL READY!

[Logical me]

I keep repeating that all Democrats, including those in the House and Senate, are communists inspired fools. Senate is currently controlled by these communists and they would never take away power from their King.

[Sgt_Schultze]

AG Holder will be told to issue an unbiased opinion in opposition.

[Qwackertoo]

I heard a blip on Rush yesterday, not all as I was in & out running errands . . . that Trans-Canada is looking into going through Montana . . . perhaps something already from Canada to Montana and then build on down to the Gulf and that would leave the Bamster OUT OF THE PROCESS and they could proceed with the construction. I wish I would have heard the rest of the segment.

[Reddon]

Legal clout yes, courage no

[newzjunkey]

With Canada's renewed threatens to go to China with its oil, issued after this perverse political decision by the regime, the GOP-run House better get its collective rear in gear and lay this job killing mess at the feet of Hooligan Harry's do-nothing Senate and our elected emperor, Obama II.

Let your congressional reps know how you feel and the CRS study results.

[philman_36]

"Regardless of whether the Republican legislation seeking to rubber-stamp Keystone XL would pass constitional muster, it would still need to pass the Senate and be signed by the president, and that is not going to happen," a Senate Democratic aide said on Friday.
Pal about piss-poor reporting!
Which Senate Democrat aide said this, Roberta? Did this tidbit of information get deliberately left out so that said Senate Democrat doesn't get his ox gored?
What does the Senate Democrat, not his mouthpiece, have to say on the issue?
You need to clear the air on this and say exactly who it was who stated that, Roberta.

[philman_36]

Her anonymous pal is quoted often...Roberta Rampton senate aide

[oblomov]

There is a small chance that the SCOTUS may overturn Wickard v. Filburn when it decides the constitutionality of Obamacare.

I think it’s important to undo or overturn all of the “switch in time that saved nine” decisions besides Wickard: NRLB v. Jones & Laughlin Steel, West Coast Hotel v. Parrish, U.S. v. Carolene Products, Home Building & Loan v. Blaisdell, Steward Machine Company v. Davis, etc.

[philman_36]

And here is evidence that Roberta names names when she chooses to...

Exclusive:Republicans seek to cut Obama out of Keystone decision
Republicans in the Senate are drafting a bill that would approve TransCanada's Keystone XL pipeline, circumventing President Barack Obama who is reluctant to sign off on the project, an aide to North Dakota Senator John Hoeven told Reuters on Wednesday.

[tacticalogic]

Wickard is the basis for Congress claiming authority to regulate anything they “find” to have a “substantial effect on interstate commerce”. Take that back, leaving them with only the exercise of the commerce power within the original intent of that grant of power and all kinds of things will get right.