The RJC is on the attack. They write:
The President has refused to “wait for Congress” to exercise its Constitutional authority before acting to implement his policy agenda. In fact, Obama’s tendency to “legislate through regulation” has been a hallmark of his presidency. And it undermines the American system in deep and important ways.
One example is the controversial No Child Left Behind law, which is due to be reauthorized. A debate on the law, its effects since implementation, and how to reform it is taking place in Congress. But the President is by-passing all that by offering states waivers from key provisions of the law. The catch: in
exchange for the waivers, states have to comply with early 40 new federal mandates created by the Obama administration. States will exchange one set of rules, passed by Congress, for new rules that the administration likes better. While the original law allowed the Secretary of Education to grant waivers for
certain provisions of the law, it did not empower the Secretary to add new provisions for states to follow.
One of those new provisions would ask states to adopt a federally approved curriculum, something prohibited by federal law. The administration is acting against standing law, all without consent, a debate, or a vote by Congress.
Regulations from the Environmental Protection Agency have also made news. While Congress has repeatedly rejected bills restricting carbon dioxide emissions (eg., the 2009 cap-and-trade legislation), the administration is pushing implementation of its agenda on climate change. The EPA defined CO2 as “dangerous” to human health, opening the door for regulatory restrictions on a naturally occurring substance as a “pollutant” under the Clean Air Act. The EPA has begun regulating carbon dioxide emissions from power plants, factories, and oil refineries. A program to regulate greenhouse gas emissions from cars and light trucks built over the next five years is also in place. The economic impact of these changes will be significant.
(Source: RJC)
