https://www.manhattancontrarian.com/blog/2022-1-20-when-the-administrative-state-slips-its-bonds
For the past few weeks, everybody’s attention has been focused on the looming demise of President Biden’s legislative agenda. Both the massive social spending bill (going by the Orwellian name “Build Back Better”) and the anti-voter-integrity bill, have now conclusively failed, at least in their most recent forms. A major part of the Build Back Better monstrosity was the launching of the Green New Deal, with its attendant suppression of the use of carbon-based fuels.
So, at least for now, these things are dead in Congress. But what’s happening over in the Administrative State? That’s where, in Woodrow Wilson’s progressive vision, the “experts” from various fields of endeavor have gathered in the government, unconstrained by the Constitution’s separation of powers, to make the all-important rules for a smoothly running society. Today there are hundreds of thousands of these “experts” in the bureaucracy. To a person, they appear to believe that the most pressing issue of our era is saving the world from U.S. emissions of carbon dioxide. How do they know that? Obviously, they know it because they are the “experts.”
Under what legislative authority do these “experts” operate to impose their green agenda? Excellent question. Barack Obama had a big plan for “cap and trade” legislation to lower emissions by driving up the price of all fossil fuels. (“Under my plan of a cap and trade system, the price of electricity will necessarily skyrocket.”). The legislation failed in Congress. Biden’s Green New Deal also has so far failed in Congress. There has been no relevant amendment to the Clean Air Act further empowering the bureaucracy to regulate carbon emissions since such emissions first became a progressive obsession in the early 2000s.
Clearly then, the bureaucracy must be stymied in its goal to effect a fundamental transformation of the U.S. energy system by suppressing production and use of fossil fuels, while they await Congressional authorization to proceed. If you think that is true, you do not understand the extent to which the Administrative State has slipped its constitutional bonds.
For today, let me highlight just a few of the initiatives currently emanating from the Administrative State.