Tag Archives: Federalism

The New Federalist Party: Biden Move Forward With The Greatest Federalization Push Since Adams, by Jonathan Turley

Federalism is a nice word for federal government power grabs. From Jonathan Turley at jonathanturley.org:

President Joe Biden has long pledged to “build back better” but in the last few months it has become clear that his transformative plans go beyond mere infrastructure and extend to our very structure of government.

From abortions to elections to rents, Biden is seeking to federalize huge areas to displace state law. Not since John Adams and his Federalist Party has the country faced such a fundamental challenge to our system of federalism.

Some of the claims made by Biden recently would make even Adams blush. What is most striking about these claims is that Biden and his aides have indicated that they know they are operating outside of constitutional limits.

Take the recent controversy over the vaccine mandate. Biden and aides like chief of staff Ronald Klain claimed before the inauguration that he would impose national mandates in the pandemic, only to be told that a president lacks such authority over the states. Biden, Speaker Nancy Pelosi, D-Calif., and other Democratic leaders then denied that they would impose such mandates, often acknowledging the constitutional limits placed on presidents.

Then came last week, when Biden suddenly announced that he would impose a national vaccine mandate through the Occupational Safety and Health Administration (OSHA). Klain admitted that the OSHA rule was a mere “workaround” of the constitutional limit imposed on the federal government. White House press secretary Jen Psaki preferred to call it a “pathway” after admitting “we do not have the power to inform each American you need to be vaccinated.” 

Whether a “workaround” or a “pathway,” the move would allow the federal government to dictate public health measures in every state – a claim that will face major federalism challenges in court.

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Trump To Revoke California’s Power To Fight Smog, by Tyler Durden

This will be a battle royale, fought in the courts: whether California can maintain more string auto emissions standards that the rest of the country. From Tyler Durden at zerohedge.com:

In a move that will infuriate environmentalists everywhere, but especially in California, the Trump administration is seeking to repeal California’s authority to regulate automobile emissions in a proposed revision of Obama-era standards, according to Bloomberg citing three people familiar with the plan.

The proposal which will be released later this week represents a “frontal assault” on one of Barack Obama’s signature regulatory programs to curb greenhouse gas emissions that contribute to climate change.

It also sets up a high-stakes battle over California’s unique ability to combat air pollution and, if finalized, is sure to set off a protracted courtroom battle.

And since the revamp also includes California’s mandate for electric car sales, it represents a gut punch to the likes of Elon Musk, who recently announced (yet again) a deal to begin work on a factory in China.

The proposed overhaul would also put the brakes on federal rules to boost fuel efficiency into the next decade, instead it will cap federal fuel economy requirements at the 2020 level, which under federal law must be at least a 35-mile-per-gallon fleet average, rather than letting them rise to roughly 50 mpg by 2025 as envisioned in the plan left behind by Obama.

As Bloomberg details, as part of the stunning proposal, the U.S. Environmental Protection Agency will propose revoking the Clean Air Act waiver granted to California that has allowed the state to regulate carbon emissions from vehicle tailpipes and force carmakers to sell electric vehicles in the state in higher numbers.

Separately, the U.S. National Highway Traffic Safety Administration will assert that California is barred from regulating greenhouse gas emissions from autos under the 1975 law that established the first federal fuel-efficiency requirements, the people said.

Agencies are expected to claim it will reduce traffic fatalities by making it cheaper for drivers to replace older, less-safe cars, while paring sticker prices for new vehicles even if motorists have to spend more for gasoline.

In other words, in what amounts to a full-blown war between the White House and California, the administration will put its weight behind the dramatic overhaul, including the revocation of California’s cherished authority.

To continue reading: Trump To Revoke California’s Power To Fight Smog