Monday, March 23, 2015

Sen. Mitch McConnell on States Rights for Air Quality

Sen. Mitch McConnell is the new Republican Majority Leader in the Senate.
He apparently does not believe that carbon dioxide emissions from burning coal is devastating to the climate. With that apparent view, he has decided to fight EPA regulations, which limit the use of coal in generating electricity by power plants.
While he has in the Senate a majority of Republicans, he does not have enough to overcome Democratic filibusters or overriding Presidential vetoes. In view of this, he has decided on a different tack, which involves convincing the various states to not adhere to or cooperate with the EPA on coal burning at power plants. With this approach, I believe he is on solid ground with respect to the Constitution and its Amendments.
Amendment 10 of the Constitution says that powers not delegated to the United States government by the Constitution are reserved to the states, respectively.
Article I of the the Constitution concerns the Legislature; that is, the House of Representatives and the Senate. Section 8 of Article I specifically identifies the powers delegated to the US government. It does this by specifying that the House of Representatives may generate or collect money for specific purposes. Any purposes not mentioned are automatically reserved to the states, as covered by Amendment 10. The specific delegations to the US government are as follows:
1. Borrow money.
2. Regulate commerce.
3. Establish a uniform Rule of Naturalization and uniform Laws on bankruptcy.
4. Coin money regulate its values and fixed the standards of Weights and Measures.
5. Punish counterfeiters of US securities and coin.
6. Establish Post Offices and post Roads.
7. Establish Patent and Trademark system.
8. Establish courts lesser than the Supreme Court.
9. Define and punish piracy and felonies on the seas.
10. Declare war, grant private military rights, and establish rules concerning captives.
11. Raise and support an Army, with funding for no longer two years.
12. Establish and maintain a Navy.
13. Establish rules for regulation of land and naval forces.
14. Call the militia to execute US laws, suppress insurrection, and repel invasions.
15. Organize, arm, and discipline a militia for service in the US, with officer appointment and training authority reserved to the states.
16. Establish a seat of government (DC), forts, magazines, arsenals, dockyards, and other useful buildings, with each site no greater than 10 mi.².
17. Make laws for establishing the foregoing powers.

Notice that there is no federal power in the above 17, which allows the federal government to establish rules for carbon dioxide emissions from power plants nor establish laws protecting endangered species. Those rights are exclusively reserved to the states. Any attempts to work these into federal law, such as the Clean Air Act and the Endangered Species Act are unconstitutional.
Sen. Mitch McConnell is on the right track with respect to is working with the states on control of anything involving air.

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