Ron Maxwell & Bruce Fein: The Constitution and the Endangered Species Act

Breitbart | 8/14/2019 | Staff
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Father of the Constitution James Madison and oracle of the separation of powers Baron Montesquieu agreed that combining legislative and executive power in a single branch would be tyranny.

“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty,” Montesquieu wrote in his famous treatise The Spirit of Laws, a work which inspired Madison and our Founding Fathers to include the doctrine of the separation of powers in our Constitution.

Executive - Branch - Separation - Powers - Congress

When our executive branch ignores the separation of powers to bypass Congress, we get things like President Obama’s Deferred Action for Childhood Arrivals (DACA). And now it appears that the Trump administration is saluting Obama’s ill-conceived precedent when it comes to weakening the Endangered Species Act.

Congress has not been indifferent about modifying the ESA. After the U.S. Supreme Court’s famous snail darter decision in TVA v. Hill, Congress amended the Act to create a seven-member cabinet level “God squad” to grant exceptions in cases of regional or national importance, including exceptions for economic considerations.

Congress - Scores - Bills - Interior - Department

Since then, Congress has entertained literally scores of bills to do exactly what the Interior Department is now doing by fiat. Every single congressional bill failed in every single Congress, whether led by Democrats or Republicans.

If you want to see classic examples of Orwellian double speak and crony capitalism, read the “expert” justifications given by the Department of the Interior for removing the Endangered Species Act’s torso and leaving only its stunted limbs.

Arguments - Points - Interest - Lobbyists - K

Their arguments are “talking points” written by special interest lobbyists on K Street that were then disseminated to sympathetic think tanks, “experts,” and journalists. We know how this works.

This is par for the course in...
(Excerpt) Read more at: Breitbart
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