The EPA can go to Hell, and I will go to Texas

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Last week, the feds sent the Environmental Protection Agency out to harass the sovereign state of Texas. Texas needs to reclaim the spirit of Davy Crockett, when he famously proclaimed “you may all go to hell, and I will go to Texas”; and send the federal agency packing. Here’s why and how.

EPA’s Goal is Centralization of Power

By sending the EPA to Texas, the federal government’s goal is not environmental improvements. The goal is centralization of power. The tactic is to use the unelected bureaucrats of the EPA to increase Texas dependence on the federal government through arbitrary and economically crippling regulation.

Refinery permits are just tools that the EPA intends to use to control the Texas oil and gas industry. EPA control can force Texas into dependence in at least two ways. First, though excessive regulation of a major industry, economic growth will be stifled. This will create more state dependence on federal funds. Second, unnecessary EPA regulations will cost Texans jobs. This is will create individual dependence on welfare programs and since these programs include state mandated funding, Texas will be hit with additional liabilities.

The political problem for the EPA is that Texas’ common sense policies have resulted in cleaner air while maintaining one of the healthiest economies in our nation during the current recession. This Texas independence and success is why the feds will continue to financially attack Texas. A self-sustaining state is very problematic for a federal government that is trying to centralize all the power in Washington. So expect the relationship between the Texas state government and the U.S. government to increasingly deteriorate. Bill Hammond, president of the Texas Association of Business, had this to say about the political dilemma facing the EPA:

“Evidently, Texas’ success in improving both our environment and our economy, while Washington still argues about how to accomplish either, is something that EPA and the administration finds troubling.”

Proponents of centralized government will attempt to argue that Texas’ policies are causing the streets of New Orleans to smell like the morning after a frat party, or that pollution from Texas is causing smog in LA and NYC, or that the earth will be destroyed by the Texas carbon footprint. All of these arguments are ridiculous excuses designed to provide cover for a federal power grab. These straw man arguments do not in any way reflect reality.

Proponents of centralized government will argue that Texas should just roll over and take it because, they falsely proclaim: Texas needs federal subsidies. When in fact, Texas has been a donor state for decades and currently only gets back 94 cents for every dollar that is sent to Washington. Historical data shows that every year since 1981, Texas citizens have donated more to the federal government than what was received. The truth is that if Texas continues to roll over and take it, then at some point in the near future Texas will become dependent on federal money and require more back than what was put in, and that is certainly one of the goals of centralization.

The real battle, often hidden behind the propaganda, is between sovereign states seeking a level of independence guaranteed by the Constitution and a federal government that seeks to undermine the American system of federalism itself. Texas success is a powerful example that local, more decentralized government works best and for centralizers, that kind of example must be destroyed.

Texas’ Duty is Decentralization of Power

Texas should invoke the 10th and legally send the EPA back Washington D.C. where they can look for a lesser target to plunder. The tenth amendment guarantees a limited federal government and grants governing authority to states and to the people. Leaders in the Texas legislature and Governor Perry have responded with strong words against the EPA’s intrusion.

Governor Perry said this about the EPA’s actions:

“The Obama administration has taken yet another step in its campaign to harm our economy and impose federal control over Texas. On behalf of those Texans whose jobs are threatened by this latest overreach, and in defense of, not only our clean air program, but also our rights under the 10th Amendment, I am calling upon President Obama to rein in the EPA and instruct them to study our successful approach for recommended use elsewhere.”

Texas State Representative Wayne Christian had this to say:

“The EPA’s unilateral and unwarranted takeover of air quality permits in Texas further proves that the federal government has a clear disregard for the authority of the Texas Legislature and for the principle of federalism.  Washington is seeking to command and control all sectors of economic activity. This action must not stand.”

It is apparent that Texas politicians and leaders understand that this is a federal power grab that should not be allowed to proceed. However, in recent times, leadership in Texas has been more about talking the talk and less about walking the walk. A recent example, still fresh on the minds of many Texans, is the hesitancy of the Governor to call a special session so that Texas might pass nullification legislation to protect its citizens from the unconstitutional mandates of Obamacare.

While this delay in legislation concerning health care may prove to be the proper course strategically, this may not be the case in the battle against the EPA’s permit consolidation. EPA’s regional administrator has indicated that Texas has “weeks, not years” before the EPA begins taking over the entire air-pollution permitting program. The time to act has arrived.

Texas leadership would do well to find inspiration in another Davy Crockett quote:

“I would rather be beaten and be a man than to be elected and be a little puppy dog. I have always supported measures and principles and not men. I have acted fearlessly and independent and I never will regret my course. I would rather be politically buried than to be hypocritically immortalized.”

The solution is straight forward: the state government of Texas should tell the EPA to go to hell. In practical terms this means that nullification legislation should be passed by the Texas legislature and signed by the Governor. This legislation, based on the tenth amendment, should declare federal mandates with regards to the Clean Air Act null and void in the state of Texas and should include penalties for federal agents or local law enforcement agents that attempt to enforce this federal law in the state of Texas.

In an age of rapid centralization of power in Washington DC, nullification legislation denying federal authority is becoming common. Various states have defied federal laws by passing legislation designed to nullify: federal healthcare laws, federal firearm laws, federal marijuana laws, federal identification laws, among others.

Brian Roberts is a long-time volunteer with the Texas TAC and a regular contributor to the Tenth Amendment Center website.

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52 Responses to “The EPA can go to Hell, and I will go to Texas”

  1. funny mario says:

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  3. [...] set to drag our economy in the abyss with the rest of the country. I wrote about this last year (http://texas.tenthamendmentcenter.com/2010/05/the-epa-can-go-to-hell-and-i-will-go-to-texas/) . Texas bill HB 3188 starts to address this, but it’s going to be a tough road to get this [...]

  4. [...] set to drag our economy in the abyss with the rest of the country. I wrote about this last year (http://texas.tenthamendmentcenter.com/2010/05/the-epa-can-go-to-hell-and-i-will-go-to-texas/) . Texas bill HB 3188 starts to address this, but it’s going to be a tough road to get this [...]

  5. [...] set to drag our economy in the abyss with the rest of the country. I wrote about this last year (http://texas.tenthamendmentcenter.com/2010/05/the-epa-can-go-to-hell-and-i-will-go-to-texas/) . Texas bill HB 3188 starts to address this, but it’s going to be a tough road to get this [...]

  6. [...] set to drag our economy in the abyss with the rest of the country. I wrote about this last year (http://texas.tenthamendmentcenter.com/2010/05/the-epa-can-go-to-hell-and-i-will-go-to-texas/) . Texas bill HB 3188 starts to address this, but it’s going to be a tough road to get this [...]

  7. [...] Brian Robert’s of the Texas Tenth Amendment Center wrote an very informative article titled The EPA Can Go To Hell and I Will Go To Texas. In it, he explains how Texas poses a political problem for the EPA and those who favor [...]

  8. [...] I wrote an article entitled “The EPA can go to Hell, and I will go to Texas“. The article pointed out that Texas could (and does) favorably manage it’s own [...]

  9. [...] finally resolutions. Two posts from the Tenth Amendment Center caught my eye recently. One titled The EPA Can Go To Hell and I Will Go To Texas and the other a follow up on the inaction of Governor Perry to follow through on his multiple [...]

  10. [...] Brian Robert’s of the Texas Tenth Amendment Center wrote an very informative article titled The EPA Can Go To Hell and I Will Go To Texas. In it, he explains how Texas poses a political problem for the EPA and those who favor [...]

  11. [...] Texas Tenth Amendment Center wrote an very informative article titled The EPA can Go To Hell and I Will Go To Texas. In it, he explains how Texas poses [...]

  12. [...] Brian Robert’s of the Texas Tenth Amendment Center wrote an very informative article titled The EPA Can Go To Hell and I Will Go To Texas. In it, he explains how Texas poses a political problem for the EPA and those who favor [...]

  13. [...] few days ago I wrote an article entitled “The EPA can go to Hell, and I will go to Texas“. The article pointed out that Texas could (and does) favorably manage it’s own [...]

  14. John Cook says:

    I have a lot more against the current candidates for governor then vaccines, which were stopped by the legislature. For example, Bill 'bankrupt Houston and sanctuary city Houston" White and the others. In this time of Economic crisis, the only choice is Perry!!!!!!!!!!!!!!!!!!!!!

  15. John Cook says:

    And completely not able to work!

  16. vaproto says:

    I have read that Obama's "Justice Department" (an oxymoron if I ever heard one) is threatening independent-minded governors (especially those talking secession) with the charge of treason. I certainly hope that at least ONE such governor has the cojones to take them up on that. What a wonderful trial THAT would be!! To bring the duplicitous and treasonous actions of the present government to light in a court of law might go a long way towards putting an end to the present regime and any other politician(s) who might wish to try again.

  17. Gloria says:

    I agree with you!! Impeachment should be yelled out everyday and everywhere. As Dr. Basso stated in his Thomas Paine videos we should be driving every vechicle we own – millions of us – to DC and literally block every street, every highway, every freeway in and out of DC. In other words, SHUT IT DOWN until Obama leaves the White House. Everyone, everyone knows he is trying to destroy capitalism, our wealth, our Constitution, our freedoms, our voice, our power our everything. Check out the Thomas Paine video on amnesty on youtube.com.
    Couldn't we organize this?

  18. [...] few days ago I wrote an article entitled “The EPA can go to Hell, and I will go to Texas“. The article pointed out that Texas could (and does) favorably manage it’s own [...]

  19. Irwin Weller says:

    Here in lies the heart of the matter. The “Enumerated Powers”! If it is not expressly stated in the Constitution, “Amendment X” spells out where the power belongs. Even “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people”. “Amendment IX”. The “use” of a corrupt government agency, the EPA (unelected by the people), by a corrupt government where no “checks and balances” currently exist is, in my opinion, a very dangerous situation.

    Thank you for your post! I stumbled on this site today. It’s now bookmarked.

  20. [...] 29. May, 2010  Written by: Brian Roberts From the Tenth Amendment Center [...]

  21. [...] few days ago I wrote an article entitled “The EPA can go to Hell, and I will go to Texas“. The article pointed out that Texas could (and does) favorably manage it’s own [...]

  22. Hoe hand says:

    Believe Texans are finaly waking up to the Fed power grab.
    demand the tenth ammendmant now: do not take any wait and see answer.
    AS for the illegally elected president, who has sealed his birth records he should be tried for treason against USA.
    He is not in office legally or he would prove it to stop people like me.

  23. Teresa says:

    THIS NOVEMBER, ELECT A STATE (YES STATE) LEGISLATURE AND SHERIFFS THAT WILL STRAIGHT UP SAY "NO!!" TO THE FEDS.

    Default Nullification – a state constitutional amendment that automatically nullifies all UN- enumerated federal laws and regulations. The state legislature must then go in to assess, approve, adopt, and fund said federal issues. If the state legislature does not adopt, then the issue remains null and void in the State of Texas. "Enumerated" is strictly defined by Ariticle One, Section 8 of the U.S. Constitution.

    And the federal courts rulings to the contrary to the above should be ignored. It's o.k. for states to refuse compliance with clearly unconstitutional federal court rulings.

  24. Northern Reb says:

    Isn't Oklahoma trying to set up an escrow in it's treasury which enables it to withold Federal taxes in case of a serious Constitutional dispute?

  25. Brian says:

    Thanks Gumply!

  26. banderashovel says:

    you said it much better than i could..and it's all true.–cut-um off completely

  27. [...] I was reading an article on the upcoming battle between the EPA and Texas over here at the 10th Amendment Center and it got me to thinking…  Texas is obviously a state that [...]

  28. Pamintherock says:

    The Feds repeatedly use this threat of witholding funds. Who was is it that said, the death of a Republic comes when politicians figure out they can bribe us with our own money? Nullify! How much money is wasted nationwide by sending it to DC, paying the salaries for the politicians, their staff members, all the agencies and their staff members…the list is too long.
    The middleman needs to be eliminated. Then, magically, people of each state have far more control of how their money is spent, and a lot more to keep for themselves.
    The EPA and all other federal agencies were created to bypass Congress and eliminate our voices. They have unlimited power and are accountable to none of us. They can't be controlled or put in check.

  29. jbdollar says:

    Texas – we are waiting on you to do something about the Federal Monster. Make the move and the rest of the country will cheer you on and we can all toss the tyrants into the Potomac. Now that would be some real pollution the EPA could look into.

  30. Gumply says:

    By the way Brian, it was a very good article, I was just on a rampage today!

  31. Gumply says:

    Brian,

    You are right, the articles could wake up some of the sleepy heads but I have been awake for 75 years. I will admit that I didn't always know everything I know now but never in my my lifetime have I have been as dense as most of the people alive today.

    Sometimes I go off the deep end and lash out at everything, I am so angry at the stupidity and apathy I see all around me I want to scream and kick someone. Not very charitable am I. I am to old and impatient to put up with all of this naiveity. I haven't got the time to wait for most of the so called adult community to grow up. The monster in the White House is destroying my country and I am mad as hell.

  32. banderashovel says:

    you are correct Zac,if you want someone to stop spending your money,–stop sending to them..we send in a lot more than they send back..cut-um-off…

  33. banderashovel says:

    thats a simple matter, if you want them to stop spending OUR money—stop giving it to them!!
    we send in a lot more than they ever send back..
    —-would be for the States to not send any money to DC for any Unconstituitonal mandates or laws—-
    well said….Zac.

  34. Brian says:

    Hi Gumply, back-patting author here… if Texas wants to add "tar and feathers" to any EPA nullification legislation I'll be ecstatic. :)

    I write articles in the hopes that more people will better understand the problem and begin to feel the way you do about the crooks in DC. I will bet you that 90% of the people think that the federal govt has a constitutionally sound argument for the EPA or Obamacare or any of thousands of issues. The fact is they do not. Most people are still asleep, many will stay asleep, but right now there is some level of awakening and I think (maybe I'm wrong) that articles can help drive that in the right direction.

    But then again, your point is well taken, it doesn't take everyone:

    "It does not require a majority to prevail but rather an irate, tireless minority keen to set bush fires in people's minds." – Samuel Adams

  35. DRSANGLE says:

    Great intelligent posts and yes action is needed to get things done. What used to be said was, talk is cheap and many start believing talking, talking talking is the same thing as getting something done. Motion vs. movement. Being stuck in the mud with the speedometer at 60 mph and not moving.

    I agree. There are some things being put together that will make it possible for people to contribute to fighting the problems with actions instead of talking about it.

    The ones committing the crimes and yes they are crimes, they are not politics, everyone is doing it, it's been going on for a long time insane justifications are being committed by crooks with the ignorant going along. The people that acturally work, provide and know better should have "tended the garden" for years which brought us to the place we are today.

    One should not expect one person, a silver bullet taking care of this. It doesn't take everyone but it will take enough being involved to fix this.

    Enjoy the little victories that are occurring until we get there because we are going to get there. We are going to fix this. That is what Americans and this country does.

  36. Gumply says:

    Phil,

    I am sorry to say I don't live in Texas but applaud your idea of writing in Deb Medina's name. Bilderberger Perry needs to go!

  37. Gumply says:

    Michael,

    I didn't mean to give the impression that it all just started 16 months ago. I apoligize for giving that impression. If I had to give a time line then I would have to say it all started back about 1861 but then the EPA wasn't around then, thank God.

    My fury is with the head jackass right now but before him it was the head repuglican elephant and before that the head jackass again so on and so forth. I am sick to death with the lying, cheating, deceiving perverts that are embedded in DC and surrounding area's now and in past generations. They are greedy, power hungry scumbags and the sooner we can rid ourselves of them the better off we the people will be. I know that means that a few good ones will go to but then that's the price we have to pay to clean house. When I say few that is exactly right few, you can probably count them on the digits of one hand.

  38. If you think that we have been dealing with this bull for just the past 16 months (as you mentioned in your comment), I think there are a LOT more articles you need to read to get educated on the problems we face in this country.

    Just my observation.

  39. Gumply says:

    You know I am sick of reading articles, after 16 months of this bull s–t I want someone to do something concrete about the retard in the White House. When are we going to start yelling, "IMPEACHMENT", I know we don't have the votes now to get him out of there but we need to be yelling it anyways, so the whole world will know that we are not a bunch of jerks.

    What are we waiting for, Martial Law and the Fema Camps? He has committed every crime in the book and the idiots in DC are not going to lift a finger against him because most of them are criminals themselves and should be tried and hung for treason along with him.

    It is my personal opinion which I know doesn't count for much that the people that write these article's are just patting themselves on the back. They do no earthly good except to fill space. As soon as they start calling a spade a spade and calling for the tar and feathers I will be impressed.

  40. TXMaven says:

    Perry is a CFR

  41. Robbie says:

    The government as it is today,can go to hell,and I will stay where I am.

  42. Phil W says:

    If Texas is able, Debra Medina should be elected as a write in candidate. Her position vs the EPA is documented.

  43. logcabin says:

    So long as the federal government can threaten to "withhold" money already submitted by the states, the 10th Amendment has been made null and void on a practical basis. The states must effectively withhold taxes from being sent to the feds in the first place, thus blocking their threat.

  44. Zac says:

    Well.. the biggest stick tha the Fed's have is the power of the check. They havealways threatened to withhold Federal Funds if a particular state tries to exert any amouint of soveriegnty. Texas or any State for that matter has to put itself in a position to be able to refuse those funds, or the best case scenario would be for the States to not send any money to DC for any Unconstituitonal mandates or laws.

  45. banderashovel says:

    what i can't seam to understand is..in all states the power of said state is in the power of the people and who it chooses to govern them..the feds have no legal jurisdiction in in state matters. why don't all states just deny fed mandates that are imposed,,in other words instead of the governor bitching about whats going on [the latest from epa] tell them no…period– he has the power given to him by we the people.if the majority of the people say no, our state government should stand with us..—governor perry, just do it,—to hell with the feds..

  46. nilo says:

    Folks, the Obama administration is directing the EPA to harrass and throtle the energy industry. The EPA does what it is told to do, it doesn't decide on its own. Its pure Marxist Socialist control of the people through governmental regulation and controls by unelected bureaucrats. HAD ENOUGH YET? REMEMBER IN NOVEMBER OR WE WILL BE DROWNED IN REGULATION BY THE DEMOCRATS.

  47. Monorprise says:

    Threaten to cut his hair if he doesn't cut the EPA's incompetent tenticals of control. At least speak out on behalf of protecting the Texas Economy. and back up them words with actions that will grab headlines. Make it clear that this is on-land refinery the real bottle neck of our gass supply.

  48. [...] This post was mentioned on Twitter by Denise Taylor, Tennessee 10th. Tennessee 10th said: #10th The EPA can go to Hell, and I will go to Texas http://bit.ly/atoWDc [...]

  49. Guntoting Texan says:

    What I do not like about Gov Perry is his insistence on forcing vacccines (for big pharmas interest of course) on the unwilling citizens of the great state of Texas. I question his loyalty to honesty. There are other instances that he has promoted interests that of big business over us "little people". He leaves us alone long enough to take care of business while he covers his own ass in the political arena. He is just like the rest, and therefore he allows in the dastardly EPA in. Shame on you Gov.

  50. Mindy says:

    Geez, Gov Perry does just enough to get me fired up about him and his administration, then leaves me hanging! Poop or get off the pot sir!

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