Home School Heartbeat Radio Program

Michael Farris:
Although the principle that only the people or their directly elected representatives have power to make law is fundamental to American government, nevertheless, there are numerous ways that it’s violated in today’s political system.

For example, the Environmental Protection Agency, or EPA, is allowed to make decisions that control so-called “federal wetlands.” This is not property owned by the federal government. This phrase normally refers to private property, like a two-acre swampy parcel at Patrick Henry College. This small piece of land can’t be modified or used for building without complying with elaborate rules established by the EPA.

The theory is that this land is part of the “‘navigable waters’ . . . of the United States” and thus is subject to federal regulation under the Constitution. Despite the fact that it would be impossible to navigate an oceangoing vessel on our property, we are required to abide by the EPA’s definition of wetlands.

These EPA rules must be obeyed, and so like any rule issued by the government, that must be obeyed, they are laws—no matter what anyone may try to call them. All federal legislative power in the United States is supposed to be exercised by our elected representatives in Congress. The regulators at the EPA are not elected, and they are not members of Congress. Under a proper interpretation of the Constitution, no regulations of this type could be issued directly by the EPA. I’m Mike Farris.