Obama Subverts Constitution Again Through EPA Fiat

January 9, 2012

By Ted Cruz

One of President Obama’s most pronounced subversions of the Constitution has been through agency fiat. Particularly in the case of the EPA, he chose to bypass the democratic process and cripple job growth. Fortunately, a federal court ruled recently against one of the worst job-killing regulations, the Cross State Air Pollution Rule, which U.S. Sen. Rand Paul admirably fought last year. The rule—an end run around Congress, would have added a projected $800 million to the annual budget, with little evidence that proves its effectiveness.

This rule not only burdens taxpayers, it costs thousands of jobs. In Texas alone, utility companies were already prepared to cut over 1,000 jobs within the first month.

The cross state pollution rule is yet another example of the unwieldy power of federal bureaucracies. These agencies, broadly interpreting their powers, undercut the representative government outlined in the Constitution. Instead of allowing the people to participate in the democratic process, either directly or through their representatives, the “experts” create the rule and then declare that it will benefit society. This common procedure sidesteps the constitutional legislative process and allows unelected officials to establish regulations that in effect become the law of the land.

The people won this battle, but the assault on our freedoms and our Constitution continues. That’s why we must reestablish the proper role of the federal government. To do that, we need new leadership in the U.S. Senate. Sen. Paul recently filed legislation to stop the damaging rule, but it stalled in the Senate. And if the recent court decision is overturned, Sen. Paul’s bill might be the only thing standing between the administration and its efforts to regulate American business out of competitiveness.

We can do more. My 12-point jobs and growth plan reins in the EPA and holds the administration accountable. Liberty can only be defended through strong conservative leadership, and that’s what I want to bring to the U.S. Senate.