johnwk
12-15-2009, 07:14 AM
Those who are concerned about the unconstitutional Cap and Trade power grab which proposes to have the EPA regulate anything which emits carbon dioxide --- everything even down to your lawn mower --- had better wake up because the same despotic gimmick being used to pretend the EPA has authority to regulate carbon dioxide, is about to be applied to water!
Since Congress has not been granted power to regulate carbon dioxide or any “greenhouse gases“, and there are perhaps trillions of dollars to be made by the Washington Establishment’s in-crowd if Congress did have such power, Congress simply wrote a bill granting “statutory authority” to the EPA to regulate “greenhouse gases”.
The next step was to give the illusion that such power was constitutional and could be lawfully exercised by the federal government. This was done via the Court case Massachusetts v. Environmental Protection Agency (http://www.law.cornell.edu/supct/html/05-1120.ZO.html) in which it was asked if the EPA had the “statutory authority“ to regulate greenhouse gas emissions? The question was stupid to say the least because Congress did in fact pass legislation granting “statutory authority” to the EPA, and the Court found the “statutory power” had been legislated. But the real question, which suspiciously was never asked was, can Congress within the four corners of the Constitution grant a new regulatory power to itself by a legislative Act, and then delegate “statutory authority” to a subordinate agency to regulate the new subject matter in question?
Fact is, Congress cannot within the four corners of our Constitution, assume any new powers not granted by the people, and then delegate to a subordinate agency such as the EPA “statutory authority” to regulate the subject matter in question. Such an act is a direct violation of Article V of our Constitution, its amendment process, which requires consent of the people prior to Congress exercising any new powers! The attempt to exercise such power also violates our Constitution’s Tenth Amendment!
Unfortunately our beloved media, including FOXNews and Bill O’Reilly has constantly repeated the big lie, that the Supreme Court ruled the EPA has constitutional authority to regulate carbon dioxide and other “greenhouse gases” which is not the case! The Court merely confirmed Congress legislated statutory authority. It did not rule upon Congress having such power. But now that the people believe this big lie, the Obama gang is about to apply the same gimmick to water, granting statutory authority to the EPA to regulate water so the Washington Establishment may then seize a tyrannical control over “water” wherever it may be found..
When the federal government first got into regulating water it was limited to “navigable” waters which affected interstate and foreign commerce and was consistent with Congress’s power to regulate commerce among the states and with foreign nations. But now, the gimmick is to remove the term “navigable” waters from previous Acts; ignore the legislative intent for which power to regulate commerce was granted to Congress; and then grant “statutory authority” to the EPA to regulate water, a power over a subject matter never granted to Congress by our Constitution but will be used by the Washington Establishment, if allowed, to overrule a person’s rights associated with property ownership and tighten the iron fist of the federal government over the people and further enslave them, if the people do not rise up in rebellion and punish (http://www.historywiz.com/didyouknow/tarringandfeathering.htm) these despotic tyrants who have seize political power.
Regards,
JWK
The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? ______ MARBURY v. MADISON, 5 U.S. 137 (1803)
Since Congress has not been granted power to regulate carbon dioxide or any “greenhouse gases“, and there are perhaps trillions of dollars to be made by the Washington Establishment’s in-crowd if Congress did have such power, Congress simply wrote a bill granting “statutory authority” to the EPA to regulate “greenhouse gases”.
The next step was to give the illusion that such power was constitutional and could be lawfully exercised by the federal government. This was done via the Court case Massachusetts v. Environmental Protection Agency (http://www.law.cornell.edu/supct/html/05-1120.ZO.html) in which it was asked if the EPA had the “statutory authority“ to regulate greenhouse gas emissions? The question was stupid to say the least because Congress did in fact pass legislation granting “statutory authority” to the EPA, and the Court found the “statutory power” had been legislated. But the real question, which suspiciously was never asked was, can Congress within the four corners of the Constitution grant a new regulatory power to itself by a legislative Act, and then delegate “statutory authority” to a subordinate agency to regulate the new subject matter in question?
Fact is, Congress cannot within the four corners of our Constitution, assume any new powers not granted by the people, and then delegate to a subordinate agency such as the EPA “statutory authority” to regulate the subject matter in question. Such an act is a direct violation of Article V of our Constitution, its amendment process, which requires consent of the people prior to Congress exercising any new powers! The attempt to exercise such power also violates our Constitution’s Tenth Amendment!
Unfortunately our beloved media, including FOXNews and Bill O’Reilly has constantly repeated the big lie, that the Supreme Court ruled the EPA has constitutional authority to regulate carbon dioxide and other “greenhouse gases” which is not the case! The Court merely confirmed Congress legislated statutory authority. It did not rule upon Congress having such power. But now that the people believe this big lie, the Obama gang is about to apply the same gimmick to water, granting statutory authority to the EPA to regulate water so the Washington Establishment may then seize a tyrannical control over “water” wherever it may be found..
When the federal government first got into regulating water it was limited to “navigable” waters which affected interstate and foreign commerce and was consistent with Congress’s power to regulate commerce among the states and with foreign nations. But now, the gimmick is to remove the term “navigable” waters from previous Acts; ignore the legislative intent for which power to regulate commerce was granted to Congress; and then grant “statutory authority” to the EPA to regulate water, a power over a subject matter never granted to Congress by our Constitution but will be used by the Washington Establishment, if allowed, to overrule a person’s rights associated with property ownership and tighten the iron fist of the federal government over the people and further enslave them, if the people do not rise up in rebellion and punish (http://www.historywiz.com/didyouknow/tarringandfeathering.htm) these despotic tyrants who have seize political power.
Regards,
JWK
The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? ______ MARBURY v. MADISON, 5 U.S. 137 (1803)