Obama’s Big Climate Change Tool: Yes, It Is a Big Deal
by Christopher C. HornerThe Chamber of Commerce recently bowed to pressure from big member companies which have crafted schemes to pick your pocket under cap-and-trade, and cravenly pleaded for some form of global warming legislation. It defended this with the argument distilled as “we merely restated our position. A different way.” So it is with Congress, in a fashion, with its controversial Sec. 707 identically stuck in both the Waxman-Markey and Kerry-Boxer bills.

Some on Team Liberty insist there’s nothing to see here, because you’ll notice that the language says the President “shall” exercise “existing statutory authority”. QED. My former CEI colleague Jonathan Adler adopts Ed Morrissey’s position posted on Hot Air, phrasing it on Volokh:
“The above provision grants no new powers to the federal government, let alone the President. Zero. Zilch. Rather, it directs the President to have agencies use “existing statutory authority” to ensure greater greenhouse gas emission reductions. In other words, it requires the President to ensure that agencies are using all the tools Congress has already delegated to them to reduce greenhouse gas emissions — tools that such agencies could use even if the section is not triggered — and demands the President “submit to Congress” a request for additional authorities the President believes are necessary to ensure greater emission reductions. Moreover, insofar as this provision constrains the Executive Branch’s discretion over what emission-reduction measures it wants to take, it actually reduces executive authority.”
That first part is true.






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