In his book, The Original Constitution-What It Actually Said and Meant, published by the Tenth Amendment Center; Professor Rob Natelson lists on page 18 a summary of the Founder’s core political values and principles:
Liberty, in the sense of Lockean natural rights, Effective government, Republican government, decentralization, and fiduciary government.
It is this last, fiduciary government, for over a century now cast aside by all three branches of the general government, that should have prevented the spawning of “alphabet agencies” and the misery they bring to the citizenry.
On page 23, Professor Natelson writes;
“For many years before the Constitution was adopted, the idea had prevailed in Britain and America that government should be a fiduciary enterprise. That is why participants in the constitutional debates often referred to government officials as the people’s “agents,” “trustees,” “servants,” or “guardians.” The Founders really believed that public officials were, or should be, fiduciaries and bound by the standards traditionally imposed on fiduciaries.”
Professor Natelson goes on to say on page 25 that “Just as it was forbidden for an agent to delegate decision making without the consent of his employer, it was a breach of duty for the people’s legislative agents to delegate their decision making. (The Founders would have disapproved of the present administrative state.)”
In creating general government agencies with the power to make law, Congress has delegated its powers as our agent, a violation of their public trust. The EPA exemplifies what happens when a tyrannical entity is allowed to make law with no accountability to the citizens.
Article 1, Section 1 of the US Constitution reads: “All legislative Powers herein shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” This made Congress the law making body in accordance with the maxim footnoted in Natelson’s book as “Delegata potestas non potest delegari”-”Delegated power cannot be delegated.” (pg.24)
The voting booth isn’t likely to change D.C. anytime soon if the vote to extend Patriot Act provisions by the new first term GOP congress people is any indication. The legal remedy and correct response by states to the EPA can be found in the Tenth Amendment Center’s Environmental Preservation Act. You can read the text of this legislative template here
It is way beyond the time for the States to SAY NO to the unlawful over reach of the EPA and all general government agencies created in violation of Congress’ fiduciary responsibility. Any court decision upholding these tyrannies should be likewise ignored by the sovereign States.
Andrew Nappi is the State Coordinator for the Florida Tenth Amendment Center. He lives in the Tampa Bay Area with wife Tammy and dogs Emma and Bud Lite.
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