Liberal Obama Law Professor: Obama’s EPA is Burning the Constitution

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Lau­rence Tribe, a lib­er­al Har­vard law pro­fes­sor, in fact, he was one of Obama’s law pro­fes­sors, claims that Oba­ma and his EPA is “burn­ing the con­sti­tu­tion”.  Tribe explains the lim­i­ta­tions that the con­sti­tu­tion allows to the EPA:

EPA pos­sess­es only the author­i­ty grant­ed to it by Con­gress.  Its gam­bit here rais­es seri­ous ques­tions under the sep­a­ra­tion of pow­ers… because EPA is attempt­ing to exer­cise law­mak­ing pow­er that belongs to Con­gress and judi­cial pow­er that belongs to the fed­er­al courts.”

Burn­ing the Con­sti­tu­tion should not become part of our nation­al ener­gy pol­i­cy.”

Tribe made these state­ments as he tes­ti­fied before the con­gress on the EPA’s ille­gal plan to lim­it car­bon diox­ide.  The hear­ing was on the EPA’s  “Clean Pow­er Plan” that not only would raise ener­gy prices through the roof but could also lead to a large num­ber of deaths.  The last two years extreme­ly bit­ter cold has made it’s way all the way across Amer­i­ca.  Dur­ing that time, our pow­er grids  have been strained to their lim­its.  This has result­ed in brownouts.  By reduc­ing ener­gy into the pow­er grid, those brownouts become black­outs and espe­cial­ly in rur­al Amer­i­ca can lead to death and or frost bite.

Tribe also tes­ti­fied:

EPA is attempt­ing an uncon­sti­tu­tion­al tri­fec­ta: usurp­ing the pre­rog­a­tives of the States, Con­gress and the Fed­er­al Courts all at once.”

The [EPA’s rule] demon­strates the risk of allow­ing an unac­count­able admin­is­tra­tive agency to ‘make’ law and attempt to impose the bur­den of glob­al cli­mate change on an unlucky and unfor­tu­nate few,” wrote Tribe, who is on retain­er for the coal com­pa­ny Peabody Ener­gy. “EPA’s sin­gling out of a mere hand­ful of emit­ters and lim­it­ing (or cur­tail­ing) their prop­er­ty is exact­ly the type of over­reach­ing the Fifth Amend­ment seeks to pre­vent.”

The EPA rules will cut pow­er pro­duc­tion by 19% .  A com­bi­na­tion of states are suing the EPA for usurpa­tion of their sov­er­eign­ty.