“Ours is a government of laws, not of men.”
- Justice Robert H. Jackson in Youngstown Sheet & Tube Co. v. Sawyer (1952)
Laurence H. Tribe, of Harvard Law School, strongly believes our Constitution and the Rule of Law must prevail over Federal bureaucrats regulating power plant’s CO2 emissions in every state. Tribe writes there is no legislative authority granting the EPA the power to regulate. In fact the statutes clearly denies the EPA from regulating power plants.
Tribe abhors the violation of the Constitution:
“Today the agency is again circumventing the checks Congress deliberately built into the Clean Air Act and distorting it to justify a wide-ranging carbon rule in a way Congress never intended or authorized.”
Professor Tribe focused his article on the lawless reach of the EPA. However, he honored the courage and intellectual integrity of a great, jurist Robert H. Jackson, who stopped President Truman from unilaterally seizing steel mills without Congressional approval. Again, Tribe:
“In Youngstown Sheet & Tube Co. v. Sawyer (1952), Justice Jackson said no. He warned of losing sight of “the balanced power structure of our Republic” and reaffirmed that “ours is a government of laws, not of men.” We should heed his words today.”
Wrongly and extremely dangerous is the mode of operation encouraged by President Obama. Using executive orders, memorandums, and raw power, the President and his bureaucracies are making policy edicts as they please – Obamacare manipulations, IRA targeting, Libya bombings, EPA czars, NSA spying, immigration edicts and the list goes on and on.
Professor Tribe did not rebuke the actions of President Obama and his bureaucracies. Tribe, however, strongly asserts that the “the balanced power structure of our Republic” is endangered. Sadly, President Obama and his bureaucracies will continue their destructive course, and Congress, the courts and We the People must say no to restore our Rule of Law and the “the balanced power structure of our Republic.”