Various documents and opinions cross my desk, and sometimes, their contents are worth bringing to the public’s attention. Judge Skavdahl’s opinion in this case echoes much of what I have said about federal regulations during my time in Congress.
In his conclusion, Judge Skavdahl says:
‘…our system of government operates based upon the principle of limited and enumerated powers assigned to the three branches of government. In its simplest form, the legislative branch enacts laws, the executive branch enforces those laws, and the judicial branch ensures that the laws passed and enforced are Constitutional. See Marbury v. Madison, 5 U.S. 137, 176 (1803). A federal agency is a creature of statute and derives its existence, authority and powers from Congress alone. It has no constitutional or common law existence or authority outside that expressly conveyed to it by Congress. See Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 208 (1988); see also Michigan v. EPA, 268 F.3d 1075, 1081-82 (D.C. Cir. 2001). In the absence of a statute conferring authority, then, an administrative agency has none.’
He further writes:
‘Congress’ inability or unwillingness to pass a law desired by the executive branch does not default authority to the executive branch to act independently, regardless of whether hydraulic fracturing is good or bad for the environment or the Citizens of the United States. “[The Supreme] Court consistently has given voice to, and has reaffirmed, the central judgment of the Framers of the Constitution that, within our political scheme, the separation of governmental powers into three coordinate Branches is essential to the preservation of liberty.” Mistretta v. United States, 488 U.S. 361, 380 (1989).’
Judge Skavdahl’s ruling affirms what I and many others know to be true in accordance with the Constitution: it is Congress that has the authority to write laws, not an overreaching Administration. I am pleased that the court is joining the House in returning the balance of power and checking the out-of-control executive branch as it attempted to exceed its authority, and I vow to continue fighting improper Administration actions through the legislative tools at my disposal.
Congressman Morgan Griffith
