After Senator Mary Landrieu’s “Louisiana Purchase” and Senator Ben Nelson’s “Omaha Steaks” buy-offs during the health care debate, the American people are once again getting a not so savory view into how Washington “works.”
However, equally if not even more alarming than the trading of votes for handouts, EPA Administrator Lisa Jackson recently issued an endangerment finding on carbon dioxide and announced her intent to regulate it with or without Congress’ approval.
In a recent letter to eight Democratic Senators (including Missouri’s Senator Claire McCaskill) representing states that would be hit the hardest by the endangerment finding, EPA Administrator Jackson said her intent is to phase in the regulations.
The intent in Jackson’s letter is unambiguous. Jackson will use her position to threaten regulations as a way to force Congress to act on pending cap-and-trade legislation. Hopefully, Senator McCaskill and the other Democratic senators will stand up for their constituents and tell Ms. Jackson exactly what she can do with her Don Corleone “an offer you can’t refuse” negotiating tactic.
Article I, Section 1 of the U.S. Constitution is very clear that all legislative powers reside in the Congress. This principle is fundamental to the Founding Father’s intent to maintain a separation of powers. Unfortunately, all too often, administrative agencies issue regulations that usurp the legislative powers reserved for Congress. In fact, the Federal Register now runs nearly 80,000 pages and runs into every nook and cranny of American life.
By delegating their authority to enact laws, Members of Congress claim credit for enacting them and avoid blame for nefarious regulations. In the words of former EPA deputy administrator John Quarles, this provides “a handy set of mirrors—so useful in Washington—by which a politician can appear to kiss both sides of the apple.” As law professor David Schoenbrod puts it, “Instead of taking positions on real disputes, legislators are free to talk about ‘values’ and ‘goals,’ which helps to explain why elections revolve around false ideological choices.” Let’s hope Claire McCaskill and the other Democratic Senators are not just trying to kiss both sides of the apple.
The solution is clear: The Class of 2010 Compact which I recently introduced with fellow Republican challenger Phil Troyer of Indiana addresses this very issue by pledging to introduce legislation to prohibit any regulation from going in to effect until Congress has approved it by recorded vote. The American people deserve to know where their elected representatives stand on each and every requirement placed upon them by our government. A letter of “concern” doesn’t satisfy Congress’ legislative responsibilities to the Constitution. Stop passing the buck.
Stop Passing the Buck
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