A necessary ‘sanctuary’ for the state’s oil and gas industry
Louisiana State Representative Danny McCormick recently introduced Bill 617, which seeks to designate and declare Louisiana a fossil-fuel “sanctuary” state to protect our oil and gas industry – a crucial part of our state’s economy – which is again under attack, this time by the Biden administration.
There is certainly a precedent for McCormick’s legislation. We’ve seen cities and sanctuary states across the country, even without enabling legislation like McCormick’s, refuse to help enforce federal immigration law regarding the location and deportation of illegal aliens, including often criminal aliens. So the idea of a state ignoring federal law is not new.
And, while McCormick’s legislation will face a bitter struggle due to the supremacy clause of our US Constitution – which essentially declares that federal law trumps state law – this in no way diminishes the principle. which underlies the legislation.
After:Royal Alexander: court packaging is reckless and unwarranted
We are talking about the principle of state sovereignty. We must remember that our Constitution created and designed our federal government and all 50 state governments to exist as co-equal sovereigns. This principle of state sovereignty is powerfully pronounced and preserved by the 10th Amendment which clearly and succinctly declares that rights which are not specifically and expressly enumerated in our Constitution as being accorded to the federal government are reserved for the states and the people.
Derived from the 10th Amendment, the legal theory on which the legislation is based is the concept of annulment. It is the process by which a state would overturn or declare null and void a federal law that violates the Constitution.
Here, the constitutional violation arguably includes the fact that the oil and gas industry, a major industry in Louisiana with tens of thousands of jobs directly and indirectly flowing from it, are “owned” by Louisiana companies and companies. individual citizens who are private because of the law. “This also arguably amounts to a 5th Amendment” taking “for” public use “but” without fair compensation. “
(We must note that fossil fuel production has come under relentless attack, around the world, supposedly to combat the centuries-old cyclical warming and cooling of our planet. However, according to Dr. Patrick Moore, co-founder of Greenpeace, “There is no scientific evidence that human emissions of carbon dioxide are the dominant cause of minor warming of the Earth’s atmosphere over the past 100 years … no real evidence, as understood in science, is actually exists. “)
McCormick’s legislation, similar to how cities and sanctuary states have ignored federal immigration law, would likely work like this: the federal government would obviously still be free to enforce its own anti-oil and gas regulations with its own resources, but states like Louisiana could. just tell the federal government “we are not going to cooperate to help you enforce these laws” with our own efforts, funds, assets or resources.
Indeed, the United States Supreme Court has ruled that while the federal government can suspend federal dollars from states to induce certain conduct, it cannot “requisition” states and force them to do so.
There is no question that the economic impact of federal laws and regulations on Louisiana’s oil and gas industry has been devastating. For this reason, we can and must find a way to balance energy and industry with good environmental management while remembering that the worst environment we can find ourselves in is to be cold, hungry and unemployed. .
After:Royal Alexander: A new and growing crisis on our southern border
(I am confident that if the Biden administration also goes too far on other issues such as 2nd Amendment gun rights and gun ownership, we will see more states undertake efforts like this one. -this.)
Again, this business will obviously face a lot of hurdles, but that doesn’t mean it’s not worth it. Our writers fully recognized that shared and egalitarian power between federal and state governments would necessarily involve tensions and frictions, which they saw as healthy in our system of dual sovereignty.