Richard Rahn
February 19, 2016
This past week, a majority of the members of the Supreme Court gave notice that there is a limit to how much of their and Congress’ power they will allow the executive branch to grab.
The Environmental Protection Agency (EPA) has been expanding its own definitions of what it is able to do under the Clean Air Act. The Supreme Court, in essence, said enough is enough when it put a stay on the EPA’s initiative to limit carbon emissions from power plants, in response to suits brought by several dozen states and industry groups. This was just one of several recent defeats of the EPA by the courts.
The tragic loss of Supreme Court Justice Antonin Scalia did, at least, ignite a discussion of the proper way to interpret the Constitution and may cause the next president to pick more justices who respect liberty. As Justice Scalia once noted: “There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.”
The American Founders created three branches of government — the legislative, judicial and executive — to serve as checks and balances on each other in order to limit the abuse of the people by those in government.
The Founders also created America as a federal constitutional republic and not as a democracy. This distinction, which too few Americans understand, is what preserves our liberties, even though many have been eroded.
Read more...