Like a bad lover, the EPA is a nagging, beguiling mooch. The EPA unconstitutionally barged into our lives and we need to break free from this destructive relationship; let’s give the EPA a two-letter title beginning with ‘E’ and ending with ‘X.’
President Nixon formed a group called the President’s Advisory Council on Executive Organization to help him sidestep Congress and mold public policy. On April 29, 1970, the Council wrote a memo advising Nixon to establish: “an Environmental Protection Administration, a new independent agency of the Executive Branch. … [and the] Executive Branch should be so structured that a high order of public interest is served in making policy, rather than a narrower advocacy position.”
Four decades later, the EPA has grown into the President’s pet behemoth—a darling dragon he can fly to over Congress and blow fire onto America’s energy producers and job creators.
EPA Administrator Lisa Jackson recently told University of Wisconsin-Madison students that she is proud to work for a President who will bypass Congress and create his own rules via executive order: ‘I’m proud to be part of an EPA that has mobilized science and the law to create modern and innovative protections for the health of the American people. I’m also proud to be working for a president who has said that “we can’t wait” on these issues.’
Jackson may think our President is a king. Yet the Constitution prohibits the President from making laws or delegating lawmaking to an extra-Congressional committee. Federalist and framer Alexander Hamilton explains in “The Federalist No. 78” that Congress controls the purse strings and makes laws while the president merely enforces the laws: “The Executive ... holds the sword of the community.”
I’m sure Alexander Hamilton would slap the President’s hand if he caught him in the cookie jar—seizing taxpayer dollars from the federal purse to sustain an extra-Congressional, policy-making agency like the EPA.
We already have Congress to make laws; we don’t need the EPA. “It has long been clear to me that elected representatives should write the rules, not the EPA,” Sen. Lindsey Graham has said.
The EPA’s regulations are so burdensome, sweeping and impractical that it’s nearly impossible for energy companies to comply without going out of business. Hence, businesspeople in the energy industry increasingly find themselves facing enormous fines and even criminal allegations.