SCOTUS On A Roll?

     Terresa Monroe-Hamilton, whose work I first encountered at Noisy Room, has a blockbuster article at Biz Pac Review:

     It seems overturning Roe v. Wade may not be the biggest decision to come down from the Supreme Court as its ruling on West Virginia v. the Environmental Protection Agency could strip the government and alphabet agencies of their unfettered powers.

     The case asks whether pressing policies that have an impact on the lives of all Americans should be made by unelected bureaucrats or by Congress. The ruling could decide that governing by executive agency fiat is unconstitutional, according to Fox News.

     The case takes direct aim at President Biden’s climate agenda and involves the Clean Power Plan. That plan was put in place under former President Barack Obama in his efforts to combat climate change. If the plan had been implemented it would have cost roughly $33 billion per year and reordered the nation’s power grid. Two coal companies and the state of West Virginia sued the EPA alleging the plan was an abuse of power….

     If the high court decides in West Virginia’s favor, that could throw a wrench into the powers of the alphabet agencies in D.C. The power to decide important issues that affect all Americans would be returned to the legislators who are elected. In other words, the power to make such decisions would be returned to the states just as the abortion decision was. Federal agencies would no longer be empowered to write our laws.

     Even Court-watchers might not appreciate the significance of this case. One of the Left’s favored work-arounds, by which it keeps the heat off its elected officials, is having the unelected, largely anonymous bureaucrats of the “alphabet agencies” do its dirty work:

     Democrats have buried the actual costs of abandoning oil and gas in favor of their green agenda. Once consumers see what wind and solar power actually cost, they are likely to balk at the whole inane concept that Biden calls the “Great Transition.”

     Private citizens and private companies are almost completely disarmed by this transfer of properly Congressional powers to persons unknown, who cannot be punished in any way for their arrogations of extra-Constitutional authority. Court battles to redress such excesses are invariably long, expensive, and difficult to force to a definite conclusion.

     Government by bureaucracy is something the Constitution does not embrace. Neither does it permit Congress to delegate its lawmaking powers to other parties. A firm, wide-ranging decision in this case could reverberate throughout the federal government – at long last, in the cause of freedom.

     The late Dr. Clarence Carson, author of The American Tradition, proposed an anti-bureaucracy amendment to the Constitution:

     No one shall be punished for the violation of any federal law except that it shall have been specifically enacted by Congress in all its details.

     Perhaps rather than by such an amendment, we’ll be rescued from the rule of faceless totalitarians by the Supreme Court.

2 comments

  1. Boy, oh Boy – I’m going to be watching this one. It could have a great effect of yanking control away from the Unelected Bureaucrats, and returning it to a governing body closer to citizen control.

    • Pip McGuigin on June 29, 2022 at 4:36 PM

    Is there a time frame that  we can look forward to regarding the possible announcement?

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