The Church of Kharma Futures

The Rev's views on politics, events,faith, and the world. All content copyright Church of Kharma Future 2007-2015 All rights Reserved

EPA Regulations: A Danger To The Constitution?

Posted by revkharma on April 18, 2009

On Friday, the Environmental Protection Agency announced proposed regulations under which it will regulate Carbon Dioxide as a toxic substance. This means that without any oversight, nor legislative control, the EPA will give itself the authority to control virtually any productive activity within the United States. Any mmanufacturing, use of engines, construction of homes or commercial buildings, essentially all productive activity can thus be regulated or stopped by administrative rule of the EPA with no recourse other than expensive and lengthy legal action. And the legal action to challenge it would be likely to fail, as the EPA claims it was ‘forced to act’ by a two year old Supreme Court ruling. In  2007 ruling on Commonwealth of Massachusetts et al. v. Environmental Protection Agency et al, in a split ruling the Supreme Court said that the EPA had violated the Clean Air act by not regulating new car emissions as a dangerous substance. Chief Justice Roberts, in his dissent even went so far as to say the majority had used ‘slight of hand to even grant Massachusetts standing to bring the suit.”

Even if we were to accept the alarmist proposition that global warming is an imminent danger, and further to grant that carbon dioxide is the ( or even the strongest) cause of global warming, the proper place for a regulation which will force action in every area of national activity lies properly with the legislative branch, not in the Supreme Court.  Once the EPA had made the originaldecision not to regulate CO2 as a hazard, the court should not have the power to compel, at the behest of a single state, executive action. So, what we now have is an activist liberal bloc of the court, conniving with liberal states to force an administrative agency of the executive branch of government to take action against its own rulings.  Massachusetts is certainly empowered to promulgate any regulations it sees fit, and regulate any activity within the state. By gaming the system, we have one state essentially forcing 49 others to follow rules it desires to enact.

Even in the press release from the EPA states that the proper place for such regulations should be with Congress. However, even while stating that, they asserted authority to control all emissions of CO2. The scope of this cannot be understated. There really is no facet of economic activity which cannot conceivably be regulated now by the EPA under this proposed regime. Even should Congress intervene, any legislation would be reviewed and managed through the EPA and it’s enforcement regulations.

With one ruling, the Federal Government has now taken a giant step toward eliminating private control of industry in the United States. Anything deemed to produce carbon emissions will now be subject to regulation, taxation or direct federal oversight.

Once more, and with little fanfare or resistance our government by constitution has become a government by regulatory fiat. At what point will Americans realize that the dream of the Founders is being crushed? Have enough of the people been given enough government cheese that they no longer care what else happens?  If you don’t contact your representatives and demand they act to rescind this, everything in our economy becomes weaker by the minute. Soon, very soon, we will become a third world nation.

Keep the Faith

The Rev


2 Responses to “EPA Regulations: A Danger To The Constitution?”

  1. Jay21 said

    Rev- Great artilce. As a motorcycle/hotrod/gun nut, i have seen the EPA as a mojor threat to liberty for years. With the recent mindlessness of the global warming crowd I fear it will only get worse. Bringing this to smaller level i think most can understand is that the restrictions placed on industry always translate to the home. Several years ago my A/C went out in my house (built in 1954)the A/C was installed in the early 1970’s, upgraded in the 1980’s. NONE of the 2 parts that went out were replaceable due to the inability for industry to continue the manuf. of these within “new guidelines” Granted the house was almost 50 years old at the time, but in that time the components of the air conditioner had risen and was running in “repairs” more than the original cost of the house to it’s first owner. Granted there are several other factors and housing at the time had gone bat shite crazy, but still. You cannot repair, but must “replace” entire systems now. It is getting beyond crazy.

    • revkharma said

      The issue of air conditioning technology is a tough nettle to grasp. Look at the first time that CFC’s were banned as ‘depleting the ozone’. The manufacturer of the original Freon funded and promoted the studies that outlawed it. The patent was set to expire, and thus generic alternatives could be produced. By banning it, and producing the new, and protected commodity, they ensured continued dominance in the market. I’m not a refrigeration guy, but it’s my understanding that all the replacement chemicals are either inferior to or far more expensive than the original freon refrigerant. Yet the EPA bureaucracy continues to tell us they are ‘working to make our lives better’. Go figure.
      Also look into the number of deaths from malaria world wide since DDT was banned as toxic. It remains the only truly effitive defense against anopholese mosquitos which carry the malaria parasite. And, subsequent studies suggest that DDT, when properly used is nowhere as dangerous as was stated by EPA and such ninnies as Rachel Carson.

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