By Michael Swetnam

 

Yesterday’s Supreme Court ruling gave due process, as guaranteed by the Constitution, back to the citizens of the USA.

On February 9th, 2016 the Supreme Court ruled that the EPAs attempt to enforce the regulations that implement the Clean Power Plan was an unconstitutional action.  The high court ruled that forcing US citizens and companies to comply with government regulations before those regulations are tested in court is illegal.  This is a precedent setting change that will have significant impacts on the Federal regulatory system.

 

One of the fundamental tenets of US policy is due process of law.  The regulatory flaw fixed by the Supreme Court is that federal agencies were requiring citizens to follow rules and regulations, sometimes costing billions of dollars, before they had their day in court; before due process.  This ruling restores a basic part of our American legal system by allowing citizens to argue the legality of a regulation before they are forced to become obedient to it.

 

Tuesday’s Supreme Court ruling gave back to the citizens of the US due process that is guaranteed in our Constitution.   No one in America can be forced to give up their rights, liberty, or property without due process.  The Supreme Court struck the bell of freedom yesterday and reminded the Federal government that its rights to regulate the population is subservient to that population and the rule of law through due process.  This is a key principle of the American legal system.  

 

There are many flaws and problems with our government, but it is a comforting thought that we can still rely on our courts to balance the flaws of the legislature and the executive branch when needed.

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The Potomac Institute for Policy Studies is an independent, 501(c)(3), not-for-profit public policy research institute. The Institute identifies and aggressively shepherds discussion on key science and technology issues facing our society. From these discussions and forums, we develop meaningful science and technology policy options and ensure their implementation at the intersection of business and government.

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