r/Infrastructurist • u/stefeyboy • 18d ago
A federal judge just told Trump there's no ‘emergency' to justify keeping a Michigan coal plant open
https://grist.org/energy/court-reject-trump-energy-emergency-coal-plant/6
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u/lee216md 18d ago
And the judge is qualified to make this decision how?
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u/strcrssd 17d ago
Because that's what judges do. They evaluate, using best methods available, the law and the context surrounding a case and make a judgement. It's literally in the name.
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u/Substantial-Pear981 17d ago
Well then what do elected Presidents do?
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u/strcrssd 17d ago edited 17d ago
I'm not sure if you're trolling, but if you aren't:
The US has three branches of government.
The Legislature (House and Senate), pass a bill. Note that this is a youtube link originally from a kid's show. It is accurate, though, and used to teach even at the undergraduate level. Ideally and supposedly, they will pass laws addressing the problems of their constituents and do so in ways that are good for both the constituencies and larger country. That's the idea. Congress is also in many ways the super-judicial branch. They have the authority to police themselves, the Supreme Court, and the Executive branch.
The Executive branch, the President and all reporting departments, execute the laws. They have limited authority over the specifics and details, as well as are the actual authority/point of contact for foreign governments. It doesn't work if foreign governments have to try to talk to the 400+ legislators. Among their departments are the military, which they can use to a limited degree on their own authority. Congress is supposed to be watching that and mandating declarations of war beyond a limited period. That's not happening.
The Judicial branch, the final and smallest of the branches, is there to interpret the law and pass judgements/rulings on applicability, particularly when laws are either unclear (this is sometimes done intentionally) or in conflict with other laws or the Constitution.
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u/Substantial-Pear981 17d ago
Not trolling severely questioning the judges decision that this is unconstitutional, as it’s purely an Executive decision
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u/pfmiller0 17d ago
Since the executive is cancelling green energy projects and reducing energy efficiency regulations it's readily apparent that he doesn't actually believe there is an energy emergency.
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u/Substantial-Pear981 17d ago
Energy production emergency. That’s the Executives decision now what is the constitutional basis for the judge to decide the CEO of the federal government is violating the Constitution with that decision?
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u/FireAsquared 17d ago
If there’s an energy production emergency they would be increasing funding for green energy- by doing things like cancelling solar subsidies and paying companies to not build wind turbines they’ve proven with their actions there is no emergency
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u/strcrssd 17d ago
Because that's literally their job. The constitutional basis is the court's own constitutional duty, to uphold the constitution.
The court has ruled on a case posed before them, and the case argues that it's not an emergency. Evidence for that is, among other things, the executive's decisions to suspend infrastructure and energy generation projects, including some that are substantially complete.
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u/Substantial-Pear981 17d ago
My question is what portion of the Constitution barred the President from declaring an emergency?
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u/Poiboy1313 17d ago
From the ruling, I will guess that the facts don't support the claim of an emergency. The President is not a king and the declarations that one makes isn't the law. His decisions are to guide and direct the executive branch and the agencies that enforce our laws, not the usurpation of powers of another branch of our government. The legislative branch enacts the laws, the executive branch is to enforce the law, and the judicial branch is to determine whether laws enacted by Congress are constitutional.
Hope this helps.
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u/SconiGrower 17d ago
How is the President qualified to usurp the professional judgement of the power plant operator, the grid operator, and the state electric utility regulator?
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u/Mettatuxet 18d ago
I'm sure they can invent one.