Saying that Tina Smith doesn’t understand the Constitution speaks to another of her qualities that disqualify her as a serious Senate candidate. It’s almost as embarrassing as Amy Klobuchar saying during the 2006 election that the Senate would write a law ordering either the Joint Chiefs of Staff or the Pentagon to draw up plans to remove troops from Iraq.

This time, Smith tweeted about this NYTimes article about how Judge Kavanaugh “could reshape environmental law from the Supreme Court.”

The second paragraph states “During his 12 years on the United States Court of Appeals for the District of Columbia Circuit, often regarded as the nation’s second-most powerful court, Judge Kavanaugh voted in a number of high-profile cases to limit Environmental Protection Agency rules involving issues like climate change and air pollution. In two key instances, his arguments were later embraced by the Supreme Court.”

There’s nothing radical about that position. It didn’t say that the EPA didn’t have the right to create regulations. Judge Kavanaugh simply opined that the EPA didn’t have the authority to implement “far-reaching regulations.” In other words, Judge Kavanaugh thinks that far-reaching regulations are essentially unpassed environmental legislation. Another way of looking at that is that Judge Kavanaugh thinks that the legislative and executive branches should pass legislation that addresses these issues.

His legal philosophy was clear: In the absence of explicit instructions from Congress, any far-reaching effort by the E.P.A. to tackle environmental problems should be met with deep skepticism by the courts. That philosophy often put him sharply at odds with the Obama administration, which sought to harness older environmental laws to deal with newer challenges like global warming.

This frightens Democrats because most of their major policy ‘victories’ have come through the courts, not through passing legislation.

In Tina Smith’s mind, that makes Judge Kavanaugh an existential threat to liberal activism. The last thing she wants is a judge interested just in ruling on a bill’s constitutionality. I’ll propose something radical that Tina Smith has never thought of. If the law doesn’t offer the proper solution to a problem, why not (Gasp!) write a new bill, get it passed, then signed into law?

Here’s something Tina Smith also likely doesn’t know. There’s no limit on the Senate’s authority to write and propose new legislation.

One Response to “Tina Smith, constitutional illiterate”

  • J. Ewing says:

    If your objection to Judge Kavanaugh is that he doesn’t believe the EPA should “stop global warming,” you are an idiot. Even given the authority, which they do not have, there is NOTHING they can do to stop it.

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