The Supreme Court delivered a long-awaited decision to conclude its term. West Virginia v. Environmental Protection Agency. The decision, which severely limits the EPA’s presumed authority over carbon emissions, is being celebrated as a big win for those wishing to see regulatory power curbed.
In its decision, the Court — via Chief Justice Roberts — determined that “Congress did not grant EPA in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan,” and that on the question of “whether the ‘best system of emission reduction’ identified by EPA in the Clean Power Plan was within the authority granted to the Agency in Section 111(d) of the Clean Air Act,” the answer is a resounding “No.”
The Court’s decision is more than just a win for the energy industry, however. Based on the Court’s ruling, we are looking at a future where the legislative branch of the government actually has to legislate.
In today’s ruling, the Supreme Court has decided the legislative branch, not the executive, is actually in charge of rule-making. The power to grant Congress specific powers only allows the federal bureaucracy. This decision confirms the Constitution’s specific provisions regarding the power of each branch.
Article I of the Constitution specifically states that “All legislative powers herein granted shall be vested in a Congress of the United States,” while Article II tasks the executive branch with taking care that “laws be faithfully executed.” There is a clear separation of powers between the two branches, and there is Supreme Court precedent that Congress isn’t allowed to “abdicate or to transfer to others the essential legislative functions with which it is thus vested,” as determined in A. L. A. Schechter Poultry Corp. v. United States.
This gets to the heart of the problem that led us to today’s decision. Congress has done this for decades. Congress has passed vague laws that federal agencies can interpret in their own way. This allows agencies of the executive branch to make new laws from almost nothing. Because the executive branch can do whatever it likes, the boundaries between the branches are blurred.
Since the 1970s, conservatives have told Republicans in the House that they should use the power and influence of the purse to curb executive branch abuses. They’ve not. They’ve been tasked by their voters to stop runaway regulatory regimes. They’ve abdicated on that front. We can only guess that Congress Republicans are too busy to fight those fights any more, so the country is in trouble.
The EPA attempted to extend its regulatory authority far beyond what the Clean Air Act allowed in the 1970s. If Congress had fought for its authority rather than delegating it, they would not likely have felt empowered to do this. Thus, the question as to whether the agency can or cannot do this comes before the Supreme Court, which, at this point, is so exhausted from questions that should really be covered by Congress’s power that they are now openly saying “Go to Congress to get what you want — like you’re supposed to.” It’s not a matter of overturning the poorly-decided Chevronthere is any similar case. It’s just a straight-up demand that Congress do its job and for federal agencies to stop overreaching.
This, whether the left likes it or not (and they really, really don’t) is what democracy is actually supposed to look like. It’s not up to the federal bureaucracy to save the planet, and it’s not up to the executive branch to decide how to go about it. It’s up to the voters to elect the people they want to pass the policies they want to see put in place. It is possible to make a difference if there are enough environmentalists who can vote for the right people. If you can’t win those elections, then revise your campaign strategy and try again.
That’s how it’s supposed to be. That’s how you’ll actually get the change you want. You certainly won’t get it by circumventing the Constitution to over-regulate the rest of the country.
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