“Contrary to what the Times reported, that policy is not “legally shaky.” It relies on the well-established anti-commandeering doctrine, which says the federal government cannot compel state and local officials to enforce its criminal laws or regulatory schemes.
That doctrine is rooted in the basic design of our government, which limits Congress to a short list of specifically enumerated powers and leaves the rest to the states or the people, as the 10th Amendment makes clear. That division of powers gives states wide discretion to experiment with different policies, some of which are bound to offend the Times.
The paper suggests that defending state autonomy is disreputable, because that argument was “deployed in the past in the South to resist antislavery and civil rights laws.” But federalism does not give states a license to violate rights guaranteed by the Constitution or to flout laws authorized by it.
Although the Times tries to tar the anti-commandeering principle as racist, the same basic idea was a crucial weapon for Northern states that refused to help the federal government enforce the Fugitive Slave Act. Today that principle likewise means that state and local officials have no obligation to participate in the “deportation crackdowns” that the Times decries.
Similarly, the ongoing collapse of marijuana prohibition—a development the Times welcomes—would be impossible if states were obligated to participate in the federal war on weed. While both progressives and conservatives might wish that federalism could be limited to achieving results they like, that is not how constitutional principles work.”
“Establishing new Cabinet departments in the US isn’t that unusual either. In fact, more than half of the government’s 15 active departments have been formed in just the past 75 years. But among these executive-level departments and in all the hundreds of federal agencies, not one has a mission solely dedicated to the climate crisis.”
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“When the US faced grave security threats in the past, it rose to those challenges by reorganizing the executive branch. For instance, after World War II, Congress enacted the National Security Act of 1947 and it was signed by President Truman. The Act reorganized military and intelligence branches, established the National Security Council and Central Intelligence Agency, and merged the War and Navy department into what became the Department of Defense.
Following the terrorist attacks on September 11, 2001, the Department of Homeland Security was established, integrating 22 different federal agencies and offices into one unified Cabinet department. In a message to Congress on June 18, 2002, President George W. Bush wrote: “History teaches us that new challenges require new organizational structures. History also teaches us that critical security challenges require clear lines of responsibility and the unified effort of the US Government.””
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“legion of civil servants, who have devoted their careers to combating climate change, are fragmented and lack that clear line of responsibility President Bush described as necessary to address critical security challenges. These leading experts could be convened under one broad mission, with the potential for producing unified actions and outcomes far greater than the sum of their disaggregated parts.
Just as the Department of Homeland Security promises “relentless resilience” to attacks against the United States, a Department of Climate could deploy this same mindset, ensuring the US has the foundation it needs to take on the threats climate change poses to this nation and to future generations.”
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“federal health agencies’ ability to focus on climate-related health impacts is currently inadequate. This is in part due to leadership that is dismissive of climate change — and in part because their attention is, understandably, on the Covid-19 pandemic. And the 2018 hurricane season before that, and Zika before that, and Ebola before that. While the CDC and other health agencies are full of experts working to mitigate climate-related health threats, their priorities will always be driven by the next new global health crisis — and by each new administration’s political whims.
A new department would not be completely immune to the same geopolitical winds that tug on other federal agencies’ attention; but a dedicated budget and clear language in its mission mandating action on climate change would better position it against such winds. Instead of each new administration interpreting whether work on climate falls within the scope of an agency’s mission, there would be no question that addressing climate change is within the purview of a Department of Climate.
While there are many offices or divisions across numerous agencies engaged in work related to energy or transportation, these cross-cutting topics nevertheless have Cabinet-level leadership and congressionally determined budgets to ensure their missions are met regardless of who sits in the White House. As with education, labor, or agriculture, we should have a Department of Climate so that our nation always has the clear dedication of resources it needs to concentrate on crucial issues.”
“This fiscal year, 2020, the federal government will collect $3.6 trillion in tax revenues. But due to its spending addiction, the government will expend $4.6 trillion. This means that the government will have to borrow $1 trillion this year alone, in order to cover a deficit of 4.6 percent of GDP. This is the first trillion-dollar deficit not due to a global recession.”
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“Thankfully, the economy is doing well for now. This good performance is masking many of the ill effects, not just of the trade war but also of our overall fiscal situation. The reality, however, is that a growing economy during a time of peace should not be accompanied by growing deficits.”