The EPA pt. 1

The world has been meeting in Copenhagen this week to discuss the need for regulations about climate control. A few weeks ago e-mails, dated between March 1996 and November 2009, showed that some of the scientists involved in climate research tweaked their data at best and at worst outright falsified the information.
President Obama will be going to Copenhagen, along with Al Gore and others, a republican delegation will also be going to present the opposing view. Interestingly at this conference which touts the evils of using fossil fuels, self important people will use 140 private planes and over 1200 limousines. This number does not include official planes like Air Force One and diplomatic cars.
Earlier this week the Environmental Protection Agency decided that carbon dioxide is a toxic substance. The President of the US Chamber of Commerce, Thomas Donohue, and other business people are concerned that any action by the EPA will stifle the economic recovery when it begins.
But this column is not about global warming.
Shortly after the EPA made this declaration Lisa P. Jackson the EPA administrator told congress that if they did not act on CO2 regulation the EPA would. She went on to say that if the EPA did write the regulation it would be from a command and control position and not from a position friendly to business.
As most people see this there is one of two things that could happen.
Thing one, is that congress will pass the cap and trade bill which will increase the cost of absolutely everything in this country. This will happen because the people in congress who pass it and the president who will sign it have failed to realize one simple fact about taxes and business.
Business does not pay taxes.
Thing two, the EPA will enact new law regulating CO2 emissions increasing the cost of absolutely everything in this country. This will happen because the people in the EPA who will enact the regulation …, well, see above.
What most people do not realize, I have talked to only one who could see this, is there is a thing three. Thing three is for congress to tell Ms. Jackson that she does not have the authority to regulate CO2 emissions.
They would do this by exercising their constitutional authority and responsibility as the only body authorized to write law. Yes Grasshopper the Constitution does actually say in Article One, Section One;
“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”
Hmm, I don’t see anything in that section, and that is the entire section, that says any agency of the government has any authority to make law. Do not be mistaken my friends whenever any federal agency is writing new regulation they are making law.
The EPA is part of the executive branch. Nowhere in Article Two, which is the section enumerating the powers of the executive branch, does it say the executive is allowed to make laws. Of course the EPA does not call what it does making law, they are regulating. Well when these regulations come with penalties up to and including jail time they are laws no matter what little nicety you call them by.
Friday the EPA announced that any use of pesticide or herbicide would require individual permits for each application under the clean water act. This means that a farmer who finds a fungal infection or insect infestation must apply for a clean water permit before he takes any action to protect his crops. Like he would get that in time save his crops.
Congress should have and still can pass a law telling the executive branch to mind its own business and not try to blackmail congress into action. That is one of those mythical Checks and Balances you may have heard about. Lately they have become as rare as Unicorns.
We as a country have come to accept regulation and enforcement by the same branch of the government. We accept the Supreme Court as the ultimate sovereign authority in this country. Both positions are incorrect, and tyrannical, because neither give any redress to The People.
ONLY congress has the authority to pass law, or regulate, not the executive branch, and certainly not the judicial branch. Our three branches of government have either overstepped their authority or abdicated it through inaction, both situations are wrong, both need to be fixed, and congress can start with the EPA.

Mark Balzer is the Co-Chair for Sovereign Idaho