The upcoming decision on the Environmental Protection Agency’s climate oversight will render an opinion of the very basics of the United States Constitution. The Constitution gives legislative or law-making ability exclusively to the legislative branch of government. The executive and judicial branches are granted different duties but have no authority to make law.
This case deals with the executive branch issuing primarily regulations, but it will also apply to executive orders, that are deemed to be law. The legislative branch has contributed to this problem as they have in the past passed a law in concept and then told the executive branch to fill in the blanks. That is unconstitutional.
SCOTUS, if it agrees with those bringing the case, will be declaring it unlawful for federal agencies to make “major” decisions without clear authorization from Congress. SCOTUS will be declaring that Congress must fulfill its constitutional duties of making law as it declares that the executive branch cannot make law.
“Congress did not — and, under our Constitution, cannot — grant unelected administrative officials at EPA legislative power to creatively reimagine energy policy for the entire country,” states a legal brief by the Americans for Prosperity Foundation.
SCOTUS has the opportunity to state that indeed we are a Constitutional Republic and not a democracy. That means that we must live by what the Supreme Ruler of the land says, that is the United States Constitution, and not concoct new rules that make democracy or dictatorship easier.
If the court rules in favor of the Constitution and freedom, this ruling will apply to all aspects of the executive branch including the NIH, HUD, DOJ, Department of Education, the Department of Agriculture, that is the entire executive branch.
It should also be extended to the judicial branch. The judicial branch has no legal authority to make law. SCOTUS did make law when it ruled on Roe vs Wade. A court that not only gives opinions on the Constitution, but adheres to the Constitution, would have declared that Roe v Wade was an issue for the states or for Congress and would have refused to issue the inane ruling it did.
Let us hope this ruling comes down on the side of the Constitution and freedom, and not on the side of democracy and dictatorship.
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