Where is the Power?

The constitutional question regarding clean air is not whether we will have it; the question is who defines the issue and gets to make the laws or rules.  The choices are the Federal Government, State (and Local) Governments or We the People.

Madison wrote, in Federalist Paper #45, “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

The powers delegated by the Constitution are listed, primarily, in Article I, Section 8.  If there is not an enumerated power that references this issue then we look at the 9^th Amendment which says, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” and the 10^th Amendment which says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 

Question – Is there an enumerated power regarding clean air?  

Answer – No.

Therefore the States or the people get to define and legislate standards for this issue.  If we want the Federal Government to define and regulate this issue there is a process for amending the Constitution, which we have done 17 times since the first 10 amendments were adopted.

Everyone should read the Constitution, the Federalist Papers and the Anti-Federalist Papers.

(For your convenience you can substitute any issue for clear air and not a word of this changes, unless it is an enumerated power.)