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Attacking State Governments

The heavy hand of the federal Environmental Protection Agency (EPA) has detrimentally affected not just private enterprises and individuals, but also the authority of state governments, all without making any true difference in the quality of the environment.  A study by the Competitive Enterprise Institute  outlines the issue:

“This transition from cooperative to combative federalism has led to some serious problems for the nation’s air quality policy:

  •          EPA takeovers of state air quality programs, known as Federal Implementation Plans (FIPs), have increased precipitously since President Obama took office. The Obama administration has imposed more FIPs than the sum of the previous three administrations—multiplied by 10.
  •          Ninety-eight percent (50 of 51) of Obama-era Clean Air Act FIPs are of dubious legitimacy.
  •          Environmental special interests have “captured” the EPA. In return for investing in electoral politics, green groups have been given the reins to environmental policy making at the EPA.
  •          By using a legal strategy known as “sue and settle,” the EPA has effectively undermined states’ authority in favor of environmental special interests in the implementation of the Clean Air Act. This involves the agency implementing policy changes in response to lawsuits by environmental pressure groups, rather than pursuant to any explicit delegation by Congress. Sue and settle litigation has tripled during the Obama administration.

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Two legislative solutions would restore the proper balance of power between the state and federal governments pursuant to the Clean Air Act. The first would level the balance of justice when state and federal governments disagree on how to implement the Clean Air Act. The second would ameliorate the impacts of collusive “sue and settle” policymaking between EPA and special interests, to the exclusion of the states.”

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A Terrible Judgeship Nomination

The NEW YORK ANALYSIS remains deeply concerned about the questionable views of President Obama’s appointments to the judiciary. The likely vote on David Jeremiah Barron  this week is another addition to the dangerous list of judges whose views are in direct opposition to the principles upon which the United States was formed.

The most well-known nomination , of course, was Elena Kagan’s  to the U.S. Supreme Court.  During her screening process, Ms. Kagan made it clear that she does not believe in the concept of inalienable rights. Her view is that rights descend from the federal government. Her concept precisely contradicts the reasons America was established in the first place.

What makes the United States Constitution unique is the very idea that sovereignty rests not with any leader or governing body, but with the people themselves. Numerous other nations have laws specifying wonderful sounding rights, but, due to a lack of a belief in inalienable rights, their leadership can and do suspend those rights whenever adhering to them is inconvenient.

This week, another terrible White House nomination to the federal bench will be reviewed by the Senate.

David Barron, a Harvard Law professor, is waiting to be confirmed to the First Circuit of the U.S. Court of Appeals.
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Barron has made it clear that the Judiciary should be a vehicle for the implementation of radical concepts that the voters and legislature consider too radical.  Among his more salient concepts is that government has the right to nullify private property rights and should be able to do so with relative ease.

Quite tellingly, his nomination will not be just opposed by Republicans, but by many liberals as well. He has authored several “secret memos”  justifying the drone killing of Americans abroad, raising their ire as well as that of many civil libertarians.

The central theme apparent in Professor Barron’s political and philosophical outlook is the limitless authority of government over individual rights.  He also appears to reject constitutional tenets on the separation of powers among the three branches of government. He does not look favorably even on limits to the federal government by states.

Mr. Barron is unfit for the bench, and the nomination should be immediately withdrawn.  Indeed, it is questionable and highly disturbing that President Obama saw fit to consider him at all.