Authoritarian "National Emergencies Act' Must End

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BIDEN HAS NO RIGHT TO DECLARE A NATIONAL CLIMATE EMERGENCY

WE ARE FACING AN EMERGENCY, BUT IT'S NOT THE CLIMATE.

Mon Jul 25, 2022 David Harsanyi

The Washington Post reported Monday night that President Joe Biden is
"considering whether to declare a national climate emergency" to
"salvage his stalled environmental agenda and satisfy Democrats on
Capitol Hill." A few hours later, the Associated Press reported that
the administration would "hold off" on the announcement as he,
presumably, lays the political groundwork to move forward.

 

There's no "It's Summer" clause in the Constitution empowering the
president to ignore the will of Congress and unilaterally govern when
it gets hot. The rejection of the president's "agenda" by the
lawmaking branch of government isn't a justification for executive
action; it's the opposite. The Senate has unambiguously declined to
implement Biden's climate plan.

 

Though you have to marvel at the utter shamelessness of Democrats,
incessantly warning that "democracy" is on the precipice of
extinction, now urging the president to act like a petty dictator.
It's been less than a month since the Supreme Court rejected the
Environmental Protection Agency's claim that bureaucrats could govern
without Congress to regulate carbon (which is to say, the entire
economy). What makes anyone believe that the president — who,
incidentally, just got back from begging Saudi theocrats to pump more
oil — is imbued with the power to enact a new regulatory regime or
funding by fiat?

 

We now have senators like Jeff Merkley, who told reporters on Monday
that Biden's emergency edict "unchains the president from waiting for
Congress to act," openly undermining their oath to the Constitution by
attacking the institution they represent. Congress may have spent
decades abdicating its responsibilities — which, despite
conventional wisdom, isn't to rubber-stamp the Democrats' agenda —
but its members rarely advocated openly for executive abuse. I guess
they're evolving.

 

Bloomberg reports that an emergency declaration would "unlock" the
president's power to redirect "federal funding to clean-energy
construction." When former President Donald Trump enacted an emergency
declaration to reallocate funding earmarked for military projects to
build a wall on the U.S. southern border — "a clear attempt to
circumvent the legislative branch and one that I hope leads to the
Supreme Court overturning the abused National Emergencies Act," I
wrote at the time, so save your emails — the entire establishment
melted down. "Declaring a National Emergency Could Give Trump
Authoritarian Powers," a columnist at New York Magazine claimed. "A
Win For Trump's Authoritarian Agenda," wrote another in Forbes. And so
on. It's worth remembering the border is within the purview of the
federal government. Trying to control the weather is not.

 

Which brings us to another small problem: There is no emergency.
Politicians might treat every hurricane, tornado and flood as an
apocalyptic event — and then conveniently blame their political
opponents for failing to rein in nature — but by every quantifiable
measure humankind is less affected by climate than ever before.
Despite the massive expansion of fossil fuel use, despite the
explosion of the world's population, far fewer people die from the
climate.

 

Our ability to adapt to the vagaries of weather and acclimatize to the
realities of climate change — whatever they may be — is far
cheaper than state-compelled dismantling of the Constitution (and
modernity). You may vigorously disagree. And that is a political
debate about policy that belongs in Congress among representatives of
the people. If every hurricane, heat wave or flood is a justification
for unilateral federal executive governance, we will be in a perpetual
emergency. Regulating carbon emissions is an open-ended invitation to
regulate the entire economy. Which is the point.

 

And just as historically high gas prices — driven, in part, by the
administration's efforts to create fossil fuels scarcity — are
slightly ebbing, Democrats want Biden "to halt crude oil exports,
limit oil and gas drilling in federal waters, and direct agencies
including the Federal Emergency Management Agency to boost
renewable-energy sources." Even if there was an emergency, the notion
that diverting some money to prop up unreliable energy sources or
subsidize more electric car production is going to do anything to
change the trajectory of the climate is a risible claim. The real
emergency is that we have a lawless party pushing lawlessness.


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