Cap and Trade Nullification

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By Michael Boldin


Joining in with states all over the country, considering or passing legislation to resist federal overreach, are Washington and Oklahoma. Both states have bills introduced which would effectively nullify any future cap and trade legislation emanating from D.C.

In Washington, HB2708 – “Concerning adopting the Washington state energy freedom act of 2010 and requiring express legislative authorization for a greenhouse gas or motor vehicle fuel economy program.”

HB3219 – State Constitutional Amendment to reject Federal Interference in the energy policy of Oklahoma

Some additional text from Washington HB2708:

Any federal law, rule, order, or other act by the federal government violating the provisions of this act is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.

Cap and Trade is often claimed to be authorized under the Commerce Clause of the Constitution. At best, this is a highly dubious claim.

The power to regulate interstate commerce was delegated to the federal government in the Constitution. As understood at the time of the founding, the regulation of commerce was meant to empower Congress to regulate the buying and selling of products made by others (and sometimes land), associated finance and financial instruments, and navigation and other carriage, across state jurisdictional lines. This interstate regulation of “commerce” did not include agriculture, manufacturing, mining, malum in se crime, or land use. Nor did it include activities that merely “substantially affected” commerce.

CLICK HERE for the Tenth Amendment Center’s Cap and Trade Nullification Tracking page

Michael Boldin is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA.

Andrew Nappi is the State Coordinator for the Florida Tenth Amendment Center. He lives in the Tampa Bay Area with wife Tammy and dogs Emma and Bud Lite.

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