Straight from the horse’s mouth.

Ed Morrissey writes for Hot Air:

Former Obama law prof: EPA is “burning the Constitution” with its CO2 regulations

What happens when two Constitutional law scholars collide? Usually, the more learned of the two prevails, but don’t bet on it in this case. Harvard University Professor Lawrence Tribe, described as a mentor to Barack Obama, accused his protege of “burning the Constitution” in the EPA’s efforts to regulate carbon dioxide. Speaking to a hearing of the Energy and Power subcommittee of the House Energy and Commerce panel on Monday, Tribe blasted the EPA and the Obama administration for running roughshod over the separation-of-powers doctrine, a concept that can best be described as ConLaw 101:

“EPA possesses only the authority granted to it by Congress,” Tribe told lawmakers in a hearing Tuesday. “Its gambit here raises serious questions under the separation of powers… because EPA is attempting to exercise lawmaking power that belongs to Congress and judicial power that belongs to the federal courts.”

“Burning the Constitution should not become part of our national energy policy,” Tribe added.

Tribe, along with other legal and energy experts, appeared before Congress Tuesday to give testimony on the EPA’s “Clean Power Plan” — the agency’s plan to cut carbon dioxide emissions from new and existing power plants. Tribe told lawmakers the CPP is unconstitutional and outside the agency’s authority.

“EPA is attempting an unconstitutional trifecta: usurping the prerogatives of the States, Congress and the Federal Courts all at once,” Tribe told lawmakers.

Tribe’s written testimony repeatedly warns about Obama’s attempt to usurp Congressional authority, the jurisdiction of the federal courts, and state sovereignty.


 
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