The Supreme Court ended its term with a highly consequential 6-3 decision in West Virginia v. EPA. The court repudiated the Environmental Protection Agency’s claim that Congress had delegated sweeping powers for the agency to pursue a regulatory agenda of its own creation that would force energy companies to adopt alternative energy sources. That should not have been a controversial decision. Since the founding of the American republic, the courts have always affirmed the foundational precept that Congress alone makes law. And Congress cannot give away its lawmaking powers to unelected bureaucrats without violating the Constitution. Yet there is a competing vision of the Constitution,
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