President Obama is going outside the box on regulations and executive power. Now his opponents are, too. Coral Davenport writes at
The New York Times:
Senator Mitch McConnell of Kentucky has begun an aggressive campaign to block President Obama’s climate change agenda in statehouses and courtrooms across the country, arenas far beyond Mr. McConnell’s official reach and authority.
The campaign of Mr. McConnell, the Senate majority leader, is aimed at stopping a set of Environmental Protection Agency regulations requiring states to reduce carbon pollution from coal-fired power plants, the nation’s largest source of greenhouse gas emissions.
Once enacted, the rules could shutter hundreds of coal-fired plants in what Mr. Obama has promoted as a transformation of the nation’s energy economy away from fossil fuels and toward sources like wind and solar power. Mr. McConnell, whose home state is one of the nation’s largest coal producers, has vowed to fight the rules.
Since Mr. McConnell is limited in how he can use his role in the Senate to block regulations, he has taken the unusual step of reaching out to governors with a legal blueprint for them to follow to stop the rules in their states. Mr. McConnell’s Senate staff, led by his longtime senior energy adviser, Neil Chatterjee, is coordinating with lawyers and lobbying firms to try to ensure that the state plans are tangled up in legal delays.
None of this activity would surprise
James Madison, who wrote in Federalist 51:
In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.
