DGS49
Diamond Member
This thread is intended for U.S. residents who understand the legal concept of "standing," as well as Article I of the Constitution.
Section 8 of Article I details the powers of Congress. The Tenth Amendment states, essentially, that the powers not given to the central government in the Constitution, are reserved to the States and the private sector.
Over the past 6 or 7 decades, Leftists on the Supreme Court have created a massive cornucopia of Federal power, based on the following words: "The Congress shall have the power...To regulate Commerce...among the several States..." These words are commonly referred to as "the power to regulate interstate commerce."
But what about the EPA? There is no other power in Article I that could be construed to allow Congress to regulate pollution, so the only possible relevant power is the interstate commerce clause. But that is nonsense. Just because some smoke in Ohio might waft into Pennsylvania, or some crap that drips into the Ohio river in Pittsburgh might end up killing a fish in Ohio doesn't mean that those things constitute "interstate commerce."
You scholars also know that the Supreme Court cannot just opine on matters of ConLaw on their own. There must be an actual case that is filed in a Federal Court and is appealed up to the Supreme Court. So think about what that case might be. Let's say the EPA decides to simply shut down the Clairton Coke Works in Clairton, PA. Too much pollution, no way of stopping it, SHUT THE DAMN THING DOWN!
So the U.S. Steel company and the State of Pennsylvania decide to fight the order in the Federal District court in Pittsburgh on the theory that the EPA has no such power because its very existence is unconstitutional. And parenthetically one must note that the State of Pennsylvania has a large and overbearing agency of its own that does the same thing as the EPA; it's called the Department of Environment Resources.
Whaddya think?
Other examples?
Section 8 of Article I details the powers of Congress. The Tenth Amendment states, essentially, that the powers not given to the central government in the Constitution, are reserved to the States and the private sector.
Over the past 6 or 7 decades, Leftists on the Supreme Court have created a massive cornucopia of Federal power, based on the following words: "The Congress shall have the power...To regulate Commerce...among the several States..." These words are commonly referred to as "the power to regulate interstate commerce."
But what about the EPA? There is no other power in Article I that could be construed to allow Congress to regulate pollution, so the only possible relevant power is the interstate commerce clause. But that is nonsense. Just because some smoke in Ohio might waft into Pennsylvania, or some crap that drips into the Ohio river in Pittsburgh might end up killing a fish in Ohio doesn't mean that those things constitute "interstate commerce."
You scholars also know that the Supreme Court cannot just opine on matters of ConLaw on their own. There must be an actual case that is filed in a Federal Court and is appealed up to the Supreme Court. So think about what that case might be. Let's say the EPA decides to simply shut down the Clairton Coke Works in Clairton, PA. Too much pollution, no way of stopping it, SHUT THE DAMN THING DOWN!
So the U.S. Steel company and the State of Pennsylvania decide to fight the order in the Federal District court in Pittsburgh on the theory that the EPA has no such power because its very existence is unconstitutional. And parenthetically one must note that the State of Pennsylvania has a large and overbearing agency of its own that does the same thing as the EPA; it's called the Department of Environment Resources.
Whaddya think?
Other examples?