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By what authority does Washington dictate control of energy and fuel?

The American Constitution most certainly does not authorize it.

Vic Biorseth, Tuesday, June 07, 2022
https://www.CatholicAmericanThinker.com/

Energy and fuel - the lifeblood of modern civilization - are becoming ever more tightly controlled by governments that seek to increase their dictatorial power over the citizenry. All dictator wannabes know that if they can get people absolutely dependent upon government controlled utilities, from water to electricity to gas, coal and oil, communications, information, etc., then, through that control, they can gain absolute dictatorial control over the people themselves. 

First of all, we need to look back at how the federal government just took ownership of 230 million acres of land from the sovereign states, and got away with it. It was done through the unconstitutionally legislated and unconstitutionally signed into law Antiquities Act of 1906. It was unlawfully established in law on the assumption that Washington (or President Theodore Roosevelt) knew better how to preserve and use the land than either the sovereign states, the Indian tribes or the current residents did. So the federal government just took it from them. 

Again, we need to look at the constitutionally limited and enumerated powers of the federal government in the constitution itself:

[From Article One of the American Constitution:]

Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; — And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


[Note 1: These are the limited and enumerated legislative powers of the Congress. Nothing outside of this list may be addressed in federal law short of passing a Constitutional Amendment to do it.]

[Note 2: If it cannot be Constitutionally legislated into law, it cannot Constitutionally exist in federal law. The Constitution nowhere grants the Congress the power to "delegate" any of it's exclusive legislative powers to any lesser body or bureaucracy that may exist or be brought into existence. Thus, no "regulation" may be issued to do that which the Congress is specifically prohibited from doing.]

[Note 3: No executive order or action of any kind by the President may establish any rule, regulation or law that the Congress is specifically prohibited from legislating.]

[Note 4: If it does not (and Constitutionally cannot) exist in legislated and signed federal law, the Supreme Court may not Constitutionally hear and adjudicate anything to do with it. The Supreme Court may only adjudicate cases involving existing federal law.]

[Note 5: To quote Article 1 Section 1: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The key word is "All". No exceptions. If it wasn't constitutionally legislated and signed into law, it is no law.

Note that parks and antiquities and monuments and preserves are not in there. The only way these lands could legally be taken from the states, Indian reservations and the people who already lived on them would be through the constitutional amendment process, which would require ratification by a super-majority of the states. 

We have long advocated turning ownership of these lands back to the individual states and Indian reservations they were taken from to do with as they and they alone see fit. 

But note what else is not represented in Article One Section Eight:

Energy and Fuel

So where does the federal government, or any of it's unconstitutional political parties, get off in dictatorially controlling in any way the finding and production of coal, oil and natural gas, or the transport and use of them? By what non-criminal authority do they establish expensive and restrictive licensing, permits and bureaucratic red-tape and rigmarole before anyone can simply mine coal or drill for oil or gas? 

If energy is not among the limited and enumerated powers of the federal government in the first place, then, why do we even have a giant federal treasure-sucking Department of Energy?

Just asking.



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Reference Material

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The Brilliantly Conceived Organization of the USA;  Vic Biorseth

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