By Alan Neff and Caroline Fredrickson
For the past five months, including the recent midterm elections, much of the nation’s attention has been focused, understandably, on the legal, social, and political ramifications of the demolition of Roe v. Wade by the Supreme Court in the Dobbs case. However, another decision from the Court’s last term—West Virginia v. EPA—ought to alarm Americans who care about climate change, environmental protection, and democracy.
The EPA case is a fresh warning that the dominant Federalist Society bloc on the Court probably will sharply curtail the authority of Congress and the President to use administrative agencies to help operate a national government in complex, evolving domestic and international environments. While the EPA case is wrapped in dry legal language about “separation of powers,” “the nondelegation doctrine,” and “major questions,” the Court’s current majority can use cases like EPA to hamstring the federal government.
“Separation of Powers” is a core pillar of the American constitutional system. It supposedly means that the Constitution empowers the Congress to pass laws, the President to enforce these laws, and the Supreme Court to decide whether Congress or the President has lawfully or unlawfully exercised their constitutional powers. There are overlapping spheres of authority, but this is the basic constitutional division of labor.
from Latest articles from Crooks and Liars
via Click me for Details
No comments:
Post a Comment