DownsizeDC.org
November 24, 2009
Climate Change & Write the Laws Act: Do you want bureaucrats to rewrite laws?
By Jim Babka

The Environmental Protection Agency is rewriting the Clean Air Act, without Congressional involvement! Our Write the Laws Act would prevent this kind of unconstitutional rule-making by Executive Branch bureaucrats. Please send Congress a letter telling them to pass the Write the Laws Act.

You can copy or borrow from my letter to Congress . . .

Here's a perfect example of why I want you to introduce the Write the Laws Act.

The Supreme Court ruled in Massachusetts v. EPA that . . .

The EPA (Environmental Protection Agency) must regulate greenhouse gases under the CAA (Clean Air Act).

But the CAA says nothing about greenhouse gases!

The CAA must be changed by Congress, NOT by the Judicial Branch, or by Executive Branch bureaucrats.

Only Congress has the Constitutional power to make rules that control my life. The Write the Laws Act would help you to obey this Constitutional requirement. But -- as it stands now -- the EPA is rewriting the law to . . .

* Classify greenhouse gases as pollutants
* Raise the trigger-point for regulatory control of this new class of "pollutants"
* Create a legal double-standard between big and small emitters of greenhouse gases

All of this contradicts the CAA as written by Congress. This unconstitutional legislating by unelected bureaucrats is going to create a legal and economic mess. The result will be . . .

* Years of litigation by large emitters challenging the special treatment given to small emitters
* Stunted economic growth as businesses cope with legal uncertainty during the litigation process

The Write the Laws Act would prevent this kind of mess by . . .

* Prohibiting the Judicial and Executive branches from making-up rules on their own
* Preserving the checks and balances required for Constitutional rule-making
* Protecting the right of the people to elect or un-elect the people who make their rules

If the people's representatives in Congress were in charge of regulatory policy . . .

* There would be fewer legal challenges against bureaucratic overreach
* Businesses could rely on settled laws passed by Congress, instead of constantly adjusting to ever-changing bureaucratic dictates

The Supreme Court has no Constitutional authority to tell the Executive Branch to rewrite laws passed by Congress. Bureaucratic rule-making is both unconstitutional and impractical. Only Congress should have legislative authority. Show me you take your oath to support and defend the Constitution seriously. Introduce DownsizeDC.org's Write the Laws Act.

END LETTER

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Let's Downsize DC!

Jim Babka
President
DownsizeDC.org, Inc.

 

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