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(Red State) – In July of 2022, the Supreme Court, in a landmark 6-3 decision, ruled that the EPA overstepped its authority by creating rules and regulations regarding forcing power plants to transition to clean or renewable energy sources. SCOTUS ruled that the EPA, in effect, created rules that carry the same weight as laws passed by Congress, thus violating Article I of the Constitution, which states that all legislative powers shall be granted to Congress only. Thus making Congress the only body that can introduce and pass legislation, not a state or federal agency.
The court says it [the EPA] is protecting lawmakers’ power from agency overreach, she said, but Congress routinely delegates its power to agencies that have substantive expertise in an area. Congress is also deadlocked over climate legislation and has not passed any significant laws on the issue, forcing agencies to rely on existing law.
This case is important because it applies directly to another government agency, one that routinely and consistently creates or proposes new rules and regulations that restrict or eliminate our Second Amendment Rights: the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The ATF was officially established in 1968, with the passage of the Gun Control Act, and its principle and primary function is to enforce the nation’s laws that regulate those products. The agency has existed, albeit with different names and parent agencies, since 1886 when it was an organic unit of the Department of the Treasury called the “Revenue Laboratory” within the Treasury Department’s Bureau of Internal Revenue. Historically, since the official formation of the ATF, it has often opined to Congress on issues relating to the introduction or drafting of legislation regarding firearms. This is where the ATF transitions from an “enforcement agency” to a lobbying and…