Friday, July 01, 2022

The Justices Send a Message to Congress: The EPA case doesn’t preclude climate rules. It require lawmakers to enact them.

 Kimberly Strassel writes in the WSJ

 Money Quotation:

 Sweep away the opinion’s numbing technical descriptions, and the ruling is a joy to read. The six conservatives on the court, in an opinion by Chief Justice John Roberts, have officially declared the “major questions doctrine”—a concept that has appeared in a handful of past court decisions—to be a living, breathing principle. The federal bureaucracy is no longer allowed to impose programs of major “economic and political significance” on the country absent “clear congressional authorization.”

This is really nothing more than an application of Art. I, sect. 1 which provides: " All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

Congress, not executive agencies, is the lawmaking branch of the national government. 

Here is another quotation from Strassel:

 But it’s equally a bummer for Congress, which was essentially just told by the court to get off its lazy backside and resume the people’s work. It’s easy to bash the administrative state, but bureaucrats are simply filling a vacuum created by a legislature that these days can rouse itself to little more than naming a post office. “Federal agencies must have the authority to regulate carbon!” every Democrat wailed in response to this week’s ruling. To which the obvious response is: Then give it to them! Pass a law. Do your job.