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“Obama’s rogue EPA makes an end-around Congress”

Well, as I noted earlier today, this idea that the EPA is making an end-run around Congress is a bit misleading:  Congress granted the executive power to create a kind of Executive Branch quasi-legislative apparatus; and the House has the power of the purse available to it to rein in these rogue agencies by slashing their funding.

The problem is — and I’m going to try to put this delicately — we have a House leadership and a GOP establishment elite that enjoys the status quo, enjoys the compliance revenue generated by bureaucratic dictates, and savors the power that comes with listening to lobbyists propose regulatory ideas that aid their corporatist mentality, increase their influence, and enrich them personally.

Other than that, though, I take the headline writer’s point:

A national carbon tax masked as an “emissions marketplace” is one of the few pieces of anti-free market legislation Barack Obama has failed to pass during his first four-and-a-half years in office. Clearly this defeat has irked Obama, who is now attempting to bypass Congress and use his rogue Environmental Protection Agency (EPA) to impose sweeping new regulations on America’s energy industry.

Rather than taxing utilities into submission legislatively, Obama now plans on regulating them to death administratively. To that end, by 2015 Obama’s EPA will unveil strict new limits on carbon dioxide emissions from existing coal- and gas-fired facilities under his so-called “Climate Action Plan.” These “Flexible Carbon Pollution Standards for Power Plants” will be promulgated as state regulations under the auspices of the Clean Air Act.

“You shall ensure, to the greatest extent possible, that you develop approaches that allow the use of market-based instruments, performance standards and other regulatory flexibilities,” Obama’s plan states.

This level of environmental regulatory overreach is unprecedented.

Under the administration of former president George H.W. Bush, the EPA was granted authority to oversee sulphur dioxide emissions trading. However the creation of this “marketplace” was explicitly authorized via amendments to the Clean Air Act — amendments approved by overwhelming majorities of both the U.S. House and Senate.

Meanwhile prior efforts to force the EPA to arbitrarily impose such government-run “marketplaces” — absent congressional approval — have been struck down as unconstitutional.

Obama will never receive congressional support for his carbon dioxide emissions scheme — and he knows it. In fact several members of his own party are already blasting these anti-competitive measures.

[….]

Unable to convince a Democratic-controlled Congress to go along with this radical scheme, Obama is now trying to impose it arbitrarily — a plan which will raise energy costs on consumers, kill hundreds of thousands of jobs and deprive the American economy of nearly $1.5 trillion worth of income, according to one estimate.

Then there’s the dirty little secret of “pricing coal” when it comes to domestic emissions — namely its utter failure to make a dent in the global atmospheric situation. According to the latest data from the International Energy Agency, America led the world in reducing carbon emissions a year ago — lowering our output by a total of 200 megatons. However carbon emissions soared globally by more than 400 megatons in spite of these efforts — reaching a new all-time high.

Also, it’s worth noting government “green initiatives” did not create America’s declining emissions levels: Good old-fashioned free market economics did that. Attacking coal on the other hand will have unmistakably adverse market affects — most notably increased natural gas prices for consumers.

“The primary reason for the U.S. emissions decline is the result of new technologies from the fossil fuel industry that are leading to cheap coal being displaced by even cheaper natural gas for the generation of electricity,” writes Paul C. Kanppenberger of the Cato Institute.

In other words Obama is circumventing Congress to advance economically crippling new regulations that won’t even accomplish his stated objectives. And even if Obama’s scheme were constitutional — or the fuzzy science of climate change valid — America’s economy cannot afford the incredibly steep price he is asking us to pay.

Spot on right up until the end when Bill Wilson, former President of Americans for Limited Goverment, makes the very mistake (albeit he hedges, which is at least a start, and suggests to me he is closer to my wavelength that he will candidly let on) that continues to cripple conservatives:  Obama is circumventing Congress to advance an ideology that, while not specifically stated, is nevertheless clear enough, his stated objectives being nothing more than cover to promote his actual objectives, which involve destroying the middle class and crippling the private sector by raising the price of fuel, electricity, clothing, food, etc. And in this he is performing remarkably well.

Obama — like most narcissists who gravitate toward leading socialist Utopian revolutions — is a would-be aristocrat. All his actions, from his disdain for his own country to his notice and concentration on “enemies” who don’t back his Marxist, racialist redistributive schemes and his “field-leveling” foreign policy, prove just that.

Marxists, you’ll notice — or if you prefer, communists who take control of government — never let the “ruling elite” melt away so that the masses can rule themselves.  Instead, they always keep in place the brilliant, theoretically-driven and self-styled “visionary” leaders whose role it is to “nudge,” to “engineer,” to scold, to punish, to manipulate, and to fundamentally transform.

That is, they leave in place a liberal fascist government that they control, working of necessity with big business to quell competition and merge government with commerce, with themselves as the natural-born overseers.

A middle class, the bourgeois, the nouveau riche — particularly those whose wealth is made toiling in industry in a capitalist system and not from being elevated to political giant or academic elite planner — is eminently distasteful to faculty lounge poseurs like Obama and many on the left within the progressive movement.

They enjoy what they believe to be the natural separation of the cultured elite from the dirt-caked worker and entrepreneur, and the prefer a kind of patronage system that maintains a ruling aristocracy.

And of course, many in the GOP share this idea — else we wouldn’t know be watching as the GOP establishment prepares to push upon us yet another Bush — even while the Democrats seem poised to push on us another Clinton.

The way to stop this is to take away the centralized control the last 100 years of progressive incrementalism has installed atop our republic.  And that begins with we the people simply refusing to comply.

 

13 Replies to ““Obama’s rogue EPA makes an end-around Congress””

  1. Ernst Schreiber says:

    We could always try to defund the EPA.

    Or is that too much like a temper tantrum?

  2. Shermlaw says:

    The Dems and Anti-Tea Party Pubs are going to see what happens when they keep pushing that boot into our faces. Suddenly the Beltway buffets won’t be offering Beluga any more.

  3. cranky-d says:

    When the next “moderate” GOP candidate fails to get elected, they will assume that they must tack left even more. That’s because they are idiots.

  4. rrpjr says:

    Brilliant precis. Thanks.

  5. bgbear says:

    One of these days when a comet or meteoroid is on collision course with Earth, many will be wondering what all the fuss was about carbon emissions.

  6. geoffb says:

    EPA, Congress?

    Obama “makes an end around” the Constitution and then has ‘the gall” to say shut up as he’s smarter and more edjumacated than ya’ll, bless his tiny little heart.

    NYT: People questioned your legal and constitutional authority to do that unilaterally — to delay the employer mandate. Did you consult with your lawyer?

    MR. OBAMA: Jackie, if you heard me on stage today, what I said was that I will seize any opportunity I can find to work with Congress to strengthen the middle class, improve their prospects, improve their security —

    NYT: No, but specifically –

    MR. OBAMA: — but where Congress is unwilling to act, I will take whatever administrative steps that I can in order to do right by the American people.

    And if Congress thinks that what I’ve done is inappropriate or wrong in some fashion, they’re free to make that case. But there’s not an action that I take that you don’t have some folks in Congress who say that I’m usurping my authority. Some of those folks think I usurp my authority by having the gall to win the presidency. And I don’t think that’s a secret. But ultimately, I’m not concerned about their opinions — very few of them, by the way, are lawyers, much less constitutional lawyers.

  7. The Unicorn Prince is an unconstitutional liar.

  8. SBP says:

    “very few of them, by the way, are lawyers, much less constitutional lawyers.”

    57 senators are lawyers, which would be a plurality (nearly a majority )even if there were really 57 states.

  9. Ernst Schreiber says:

    there’s not an action that I take that you don’t have some folks in Congress who say that I’m usurping my authority.

    How do you usurp your own authority?

    Asked the niggler

  10. geoffb says:

    May he knows something we only suspect. Then again maybe he’s just not that much of a Constitutional lecturer lawyer either.

  11. Spiny Norman says:

    Freudian slip, Ernst?

    Well, geoffb, the Lord Obysmal, God-King of the 57 States, has studied this “Constitution of the United States”, found it a “flawed document” and feels in no way constrained by it.

  12. geoffb says:

    The people who love the Constitution find him to be a flawed man who projects his flaws on all but himself.

  13. Merovign says:

    “Refusal to comply” is a key strategy going forward, because it seems that no amount of talk (or math) derails the Power and Control Machine.

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