New EPA Rules Unconstitutional?
The ‘No Preference’ clause suggests so.
For the sake of argument, let’s assume the new regulations the EPA will roll out June 2 are constitutional under the Commerce Clause. (The courts have certainly allowed the government to build a virtual highway through that “loophole,” so it’s not a stretch to think they’d approve EPA regulations.) The Obama administration will probably use the regulations to subvert Congress and institute so-called cap and trade. The Daily Caller reports, “The plan is being sold as a ‘flexible’ one. By allowing states a menu of policy options to meet federal mandates, the standards will ostensibly meet the unique needs of each individual state. But the stark reality behind the proposal is that it will be a boon for states that have already imposed cap-and-trade systems – which are overwhelmingly Democratic states.” And that is unconstitutional. Article 1 Section 9 says, “No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another.” Once again, Obama shows his contempt of our Constitution in the service of a political agenda. More…
