Ahhhh, now we’re gettin’ somewhere

Nice try, Issa.

…EPA head Gina McCarthy argued that the constitutional balance of power is her reason for not turning over documents in compliance with the committees subpoena. Rep. Darrell Issa (R-CA) pointed out that the power of the EPA is on loan from the legislative Branch to the executive branch.

Issa told McCarthy, “Your entire power base, everything you do is in fact a power of the house and senate that has been essentially loaned to the executive branch” and added, “You only exist because a power of this branch has been loaned to the executive branch.” [story & video]

Close, but no cigar. “Loaned” is a wishy-washy way of avoiding the absolute culpability of Congress in the EPA’s bureaucratic loose-cannonism. This also applies to all of the other bureaucratic hellholes out there.

Congress essentially delegated Congress’ lawmaking ability to the EPA by passing environmental-protection law so incompetent, that the EPA can weasel-word their way into doing almost anything they want.

Congress has no Constitutional authority to delegate its duty, authority, or power to legislate.
Congress has no Constitutional authority to “lend” it’s legislative authority to any Executive body.

Congress can only grant enforcement and management powers to the Executive.
Regulations are for the enforcement of law, and they must be limited by and compliant with the law.
Congress can’t say, “Hey, this is too hard, so you EPA guys go hire a buncha experts to figure out what the law is.”; but Congress has been doing just that for over a century. It’s Progressivism’s go-to magic wand … the “experts.”

Not only that, but the FedGov has no Constitutional authority to regulate the environment, in the first place. Sure, the Judicial can arbitrate environmental disputes between states, but Congress has no authority to make Federal environmental laws for the Executive to enforce.

Our feral Executive bureaucracy is a monster of Congress’ own unconstitutional creation.

Okay, Mr Issa, now go ahead and finish your thought.
… and do your friggin’ jobs!


  1. dick, not quite dead white guy
    Posted June 25, 2014 at 4:09 pm |

    Amen, brother.
    That’s too short according to the comment gods, so I’ll just have to curse the whole corrupt inside the Beltway culture – what’s in it for me, I’m entitled, the law for thee is a suggestion for me.

  2. Fawkes News (Blacklisted and Loving It)
    Posted June 25, 2014 at 4:11 pm |

    Of course, it’s Constitutionally questionable (to put it kindly) that one branch has the authority to “loan” powers to another. But hey… it’s all for the Greater Good™ , right?


  3. mech
    Posted June 25, 2014 at 5:01 pm |

    Oh for indiana Jones or nic cage to find the National Reset Button.

    A governmental format or at least last working configuration.

  4. Jess
    Posted June 25, 2014 at 5:56 pm |

    If they ever happen to read the document they swore to uphold, they might be surprised of the tenuous thread they hang from.

  5. JoeBandMember ≠
    Posted June 25, 2014 at 6:00 pm |

    Bull. Limpy isn’t going to actually do anything, So what if they sue. The answer is in prosecution for treason, because treason has been committed multiple times and then some.

  6. Claire: rebellious pink pig with car keys - and a *cause*
    Posted June 25, 2014 at 6:55 pm |


  7. Lord of the Fleas
    Posted June 25, 2014 at 9:09 pm |

    Nice rant, Doug. If you’ll allow an addendum, let me just note that I’ve long disagreed with this idea of three co-equal branches of government in the US.

    The Legislature (Congress) legislates (makes the laws), the Executive executes the laws, and the Judiciary adjudicates disagreements about the laws. The second two are not empowered to make laws at all. And as a result, they are completely dependent on the first for their own existence. If Congress doesn’t make any laws, then there’s nothing to execute or adjudicate.

    Which means that the President and the Supreme Court in effect work for the Congress. That’s why the Congress is given the power to fire any of them through impeachment.

    So what’s with this “equal” crap?

    The President, especially, is Congress’s servant – his job is make sure that Congress’s will is done. So why the veneration to the point of worship for the bugger.

    Who else in the freaking world puts their butler on a pedestal like you do with the Preezy? Sheesh……

  8. Jane K.
    Posted June 26, 2014 at 6:15 am |

    I like Issa, and I hope someone shows him what you’ve written, Doug.

  9. LostLiberty
    Posted June 26, 2014 at 6:41 am |

    Indict, convict, imprison.

  10. DougM (paleface™)
    Posted June 26, 2014 at 6:57 am |

    Congress can’t say, “Hey, this is too hard, so you EPA guys go hire a buncha experts to figure out what the law is.”

    I was gonna add a clarifier, there; but it was already too wordy.
    To wit:
    Congress can say, “Hey, this is too hard for us here on The Hill, with all our cocktail parties an’ campaignin’ an’ such, an’ only a couple’a us havin’ any kind’a science degrees, so you EPA guys go hire a buncha experts to figure out what the law should be, then come back and we’ll talk about including your suggestions in some legislation. Oh, an’ don’t forget to save your emails.”

  11. Colonel Jerry USMC
    Posted June 26, 2014 at 8:43 am |

    Executive Branch presidents have in the past ignored/violated Legislative Branch Laws. Couple of examples are president Jackson, president Lincoln and president Nixon. There are others, but its too early in the morning to research 30 pounds of history books, besides I gotta go get my 2nd cuppa coffee buzzard sweat !!

  12. Whitehall
    Posted June 26, 2014 at 3:25 pm |

    Somewhere a practical need gets stolen by a crafty bureaucrat.

    There are certainly things that NEED to handled by technocrats and might be needed to be regulated on a federal level.

    I’m thinking of the Nuclear Regulatory Commission. Barbara Boxer already has too much stupid input.