Recently, the EPA announced that it intends to implement and enforce “cap and trade” regulation of carbon emissions on the several states, after Congress failed to pass a law explicitly grant them that authority. This comes on the heels of the FCC deciding it had the authority to regulate the internet, again after Congress failed to pass a law explicitly grant them that authority.
Now, it must be remembered that the EPA and the FCC, like all other agencies of the federal bureaucracy, are part of the Executive Branch of the government. That means that they act as extensions of the president, acting in his name and carrying out his will and exercising his authority. So these moves are, in essence, President Obama simply deciding that he doesn’t need the assent of Congress to expand his authority, but can do so by simple proclamation and executive fiat.
That sounded familiar. I was certain that that sort of thing had happened before, but I couldn’t quite place it. And then it came to me:
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