Obama Executive Climate Change Action Defies Constitution

By Douglas V. Gibbs

Executive Orders in general are not unconstitutional.  Executive Orders that defy Article I, Section 1, which grants all legislative powers to Congress, are unconstitutional.  Executive Orders cannot legally establish, modify, or repeal law.  The President is also constitutionally bound to "faithfully executive" all laws of the United States, as well as recognize that only federal laws made in pursuance of the United States Constitution are the supreme law of the land.

The Obama administration understands the foregoing statements, or else they would not play with language to try to force unconstitutional actions to be deemed constitutional.

In the case of the man-made climate change hoax, President Obama knows that he will never be able to get a GOP dominated House of Representatives to play ball on his terms, so he is pushing his own legislation without Congress.  The legislative branch is being made irrelevant by this president.  He has said many times that he will get what he wants, "with, or without, Congress."

One of the tools tyrants like the current crop of democrats in Washington are willing to use is the regulatory agencies.  Constitutionally, the regulatory agencies can only "regulate" existing laws of the United States.  To regulate otherwise would be to "create law" where law does not exist.

Climate Change legislation as needed by the Obama administration to push their global warming hoax is not available, so what the President is doing is creating regulation via laws that have nothing to do with his specific environmental agenda, and they lying by saying they do.

To get into place more pollution rules that kill businesses, and drives up energy costs, President Barack Obama is using environmental regulation illegally by matching his regulations with the use of a 1970 law that was not intended to regulate the gases blamed for global warming.

Basically, what happened is Congress rejected his new law, so he is forcing his congressionally rejected law into place without Congress, whether they like it or not, by attaching it as a regulation to a law that has nothing to do with what it is.

The target is the wrongly accused greenhouse gas, carbon dioxide, targeting power plants for their emissions of the gas.  The regulation creates a national limit the House of Representatives refused to approve.

The new pollution rule, according to the Chamber of Commerce will cost $50 billion to the economy, kill jobs, and cause energy prices to skyrocket.

As for the constitutional angle, not only was forcing this through without Congress a blatant violation of Article I, Section 1, but no place in the Constitution does the federal government have the authority to regulate regarding environmental issues.  Until an amendment is proposed and ratified granting those authorities, the issue belongs solely to the States.

Once again, the lawless president reveals that either he does not understand the Constitution, or he does but is willing to purposely act in violation, and opposition, to the Law of the Land.

-- Political Pistachio Conservative News and Commentary

Obama's boldest move on carbon comes with perils - Yahoo News