Obama, States Rights and Emissions

by Greg Heller, The Holy Cause

“Obama Moves to Let States Set Own Rules on Emissions”

So says The Wall Street Journal:

President Barack Obama plans to call on the Environmental Protection Agency on Monday to consider allowing states including California to regulate automobile greenhouse-gas emissions, said people familiar with the administration’s thinking.

The move will signal a major policy break from his predecessor on an issue that has divided key Democratic Party constituencies …

… Mr. Obama’s plans were described to The Wall Street Journal by three people familiar with the administration’s thinking, including one administration official. Mr. Obama was expected to outline his plans in directives to the agencies to be released at a White House event Monday.

As I previously discussed, this is not necessarily as it seems.

Neither Bush nor Obama demonstrates a belief in states rights in this case.  Bush showed his colors by enforcing federal standards against state wishes.  Obama will do the same, but with one exception – states can have laws which are more totalitarian than the federal ones.

Imagine what would happen if the State of Idaho, for example, wanted to adopt a standard which was “lower” than the federal standards.  Do you think Obama, Bush, or almost anyone in Washington would be willing to go along with that?

The truth is that virtually nobody in Washington believes in the 10th amendment [States Rights] anymore.  They feel they can, and therefore rightfully should, regulate pretty much anything they feel like regulating.

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10 comments
Allan Hampton
Allan Hampton

Andrew,

Very good right on point. It matters not one iota what anyone says, the final say so on interpretation on what the Constitution says rest squarely on the Citizenry – the Citizenry is the “Enforcer” of the Law of the Constitution on government and constitutionally the only force the citizenry has to keep government chained to that Law is the ballot box.

Think about it: Article I, Section 1, only Congress has the power to legislate. Article I, Section 2, the People (citizenry) hire (elect/choose) every Member of the House of Congress every two years. Article I, Section 7, the House controls, or can control, the purse (money) of the federal government.

Why do the People keep on reelecting known (proven) criminals to make legislation (so-called law)? Government that dishonor their Oath of Office commit the crime of perjury, and perhaps the crime of treason too.

Fire the criminals in 2010, that year is the next opportunity to fire them.

Allan

Allan Hampton
Allan Hampton

Andrew,

Very good right on point. It matters not one iota what anyone says, the final say so on interpretation on what the Constitution says rest squarely on the Citizenry – the Citizenry is the “Enforcer” of the Law of the Constitution on government and constitutionally the only force the citizenry has to keep government chained to that Law is the ballot box.

Think about it: Article I, Section 1, only Congress has the power to legislate. Article I, Section 2, the People (citizenry) hire (elect/choose) every Member of the House of Congress every two years. Article I, Section 7, the House controls, or can control, the purse (money) of the federal government.

Why do the People keep on reelecting known (proven) criminals to make legislation (so-called law)? Government that dishonor their Oath of Office commit the crime of perjury, and perhaps the crime of treason too.

Fire the criminals in 2010, that year is the next opportunity to fire them.

Allan

Andrew Quinn
Andrew Quinn

For someone who talks about following the constitution so closely, it seems to me to be a major inconsistency - a HUGE flaw - on your part to talk about things being "implied' by the constitution.

This is just what politicians of all stripes use to gain more power for themselves, so it's a foolish precedent to set. They claim that a certain power is authorized to them, but yet, there's nothing in the constitution mentioning it - in response, they say it's implied...

Either you stick to the exact words of the constitution or you don't. Either you follow it word for word, or you claim things are implied.

I prefer to follow it rather than debate about what meaning can be found between the lines.

Doing the latter only ensures that those with the most political influence will have THEIR point of view, right or wrong, as the "law" of the land.

Allan Hampton
Allan Hampton

As for punishment: Reference Article I, Section 1, only Congress, not the People, can make federal legislation (so-called law).

Article I, Section 3, Clause 7. Judgment in cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.

The above is the only place the word “punishment” is used in relation to government Officials.

Vote them out of office is not specifically mentioned in the Constitution at all. Nor does the constitution delegate to the citizenry any power of punishment.

However, vote them out is implied in Article I, Section 2, only the People can elect Members of the House of Congress and there is no reference or restrictions as to which person they can elect (there are qualifications of Candidates mentioned but only as to age and citizenship); reference Article I, Section 2, clause 2.

There is nothing requiring a voter to reelect an Incumbent so surely it is implied by not reelecting an Incumbent he is out of that job, fired. Seems clear to me that the Citizenry is the employer with the constitutional power and authority to hire and or fire employees with only the restriction as to the time of election. The People can’t fire or hire them at any other time.

Allan

Allan Hampton
Allan Hampton

As for punishment: Reference Article I, Section 1, only Congress, not the People, can make federal legislation (so-called law).

Article I, Section 3, Clause 7. Judgment in cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to law.

The above is the only place the word “punishment” is used in relation to government Officials.

Vote them out of office is not specifically mentioned in the Constitution at all. Nor does the constitution delegate to the citizenry any power of punishment.

However, vote them out is implied in Article I, Section 2, only the People can elect Members of the House of Congress and there is no reference or restrictions as to which person they can elect (there are qualifications of Candidates mentioned but only as to age and citizenship); reference Article I, Section 2, clause 2.

There is nothing requiring a voter to reelect an Incumbent so surely it is implied by not reelecting an Incumbent he is out of that job, fired. Seems clear to me that the Citizenry is the employer with the constitutional power and authority to hire and or fire employees with only the restriction as to the time of election. The People can’t fire or hire them at any other time.

Allan

Michael Boldin
Michael Boldin

Allen, thanks for your perspective, but I believe you missed my point here.

Humor me with this question - where, specifically, does the constitution actually say something in regards to...punishment for violation of the constitution while in service of the government....

Or anything along those lines.

In short, does the constitution actually SAY that punishment for violating the oath of office would or should result in getting voted out of office, or, is that just your personal perspective on it - your personal belief?

From my reading, it says nothing of the sort, and that's what I'm referring to. And I believe you admitted as much in your comment above. Moving forward though, If you feel that getting voted out of office is punishment enough, I would charge that this has been a complete an utter failure in practice.

I would prefer much stronger punishments to be specifically delineated in the constitution, including, but not limted to, censure and indictment.

Allan Hampton
Allan Hampton

Michael,

You are correct except the missing part. The Constitution clearly (well, maybe not so clearly) describes and designates the penalty for dishonoring the Oath of Office, get fired by the People (Voters) by not reelecting known criminals, perjurers if not traitors.

Only the People hold the power of the ballot box with which to hire or fire Lawmakers, or any other elected Official.

As for Local and State elected Officials honoring their Oath, it is virtually impossible for them to do that because unconstitutional legislation from Congress has them hog-tied; mainly by, and commonly called, revenue sharing.

However, there is nothing what so ever binding the Citizenry to reelect known criminals, nor are there anything binding a Citizen Juror to indict or convict a fellow citizen under, or in the name of, an unconstitutional law and or an unjustly applied law.

Reference the Constitution;

Article I, Section 1 & 2.

Article I, Section 7.

Article VI, last paragraph.

The Bill of Rights; Amendments 5, 6, and 7.

The ballot and jury boxes (two) are powers of the Citizenry exercised by Citizen’s Right of Conscience – the Right of Conscience cannot (impossible) be legislated, or bound by legislation, in any manner.

Allan

Allan Hampton
Allan Hampton

Michael,

You are correct except the missing part. The Constitution clearly (well, maybe not so clearly) describes and designates the penalty for dishonoring the Oath of Office, get fired by the People (Voters) by not reelecting known criminals, perjurers if not traitors.

Only the People hold the power of the ballot box with which to hire or fire Lawmakers, or any other elected Official.

As for Local and State elected Officials honoring their Oath, it is virtually impossible for them to do that because unconstitutional legislation from Congress has them hog-tied; mainly by, and commonly called, revenue sharing.

However, there is nothing what so ever binding the Citizenry to reelect known criminals, nor are there anything binding a Citizen Juror to indict or convict a fellow citizen under, or in the name of, an unconstitutional law and or an unjustly applied law.

Reference the Constitution;

Article I, Section 1 & 2.

Article I, Section 7.

Article VI, last paragraph.

The Bill of Rights; Amendments 5, 6, and 7.

The ballot and jury boxes (two) are powers of the Citizenry exercised by Citizen’s Right of Conscience – the Right of Conscience cannot (impossible) be legislated, or bound by legislation, in any manner.

Allan

Michael Boldin
Michael Boldin

Allen, you're absolutely right when you say that virtually no politicians follows the Constitution at all.

I've often felt that the big thing missing from the Constitution is a penalty for violating it while in office. The end result is that these people aren't afraid to do what they do..

A Constitution without the fear of punishment is going to be as effective as Christianity without the fear of hell.

Allan Hampton
Allan Hampton

For a fact no one in political office in WDC (or States for that matter) believes in the Tenth Amendment nor believes in any of the remainder of the Constitution.

Politicians do not honor their Oath of Office for the reasons they are not obligated to enforce it on themselves and the true Enforcer , the Citizenry, does not enforce it. Evidently the Citizenry does not comprehend that it, not government, is the Enforcer nor comprehend the constitutional power to do so.

That power to enforce the Law of the Constitution on government elected Officials resides only with the Citizenry and is written in Article I, Section 2.

Allan