### STATEMENT ON EPA'S CLEAN POWER PLAN BYJIM JESS, VICE CHAIRMAN, GEORGIA TEA PARTY, July 29, 2014 My name is Jim Jess and Iam Vice Chairman ofGeorgia Tea Party. Georgia Tea Party Inc. is a 501(c)(4) nonprofit organization based in Marietta, Georgia. Our mission statement is "To impact public policy by teaching all who seek to learn the principles and spirit of individual liberty and constitutionally-limited selfgovernment." Since 2009, we have educated and organized citizens and met with local, state and federal elected officials and candidates, informingthem of our desire to restore our constitutional republic. We reach several thousand people through our email list, and about 50 activists are engaged with ourvarioustaskforces. This past May, GAPundit.com referred to Georgia Tea Party as "one ofthe stronger and more effective Tea Party groups in the state." Georgia Tea Party opposesthis overreaching and extreme Clean Power Plan rule and strongly urges you to withdraw it. Not only will it impoverish millions of ratepayers; it is unconstitutional. The president cannot simply impose his own policies because he lacksthe skill to convince Congress ofa desired course of action. The three branches of our government were constructed for a reason. The proposed rule is another example ofthis administration's abuse of its power. In the Constitution, in Article II, Section 3, the president is charged with the responsibility to "take care thatthe laws be faithfully executed." Article I, Section 1, of the Constitution says, "ALL legislative powers herein granted shall be vested in a Congress ofthe United States."
This new rule is excessively legislative. It is not an implementation ofany lawthat has been passed by Congress. This rule violates the separation of powers doctrine which is the underlying purpose ofthe three branches of ourfederal government. Ourfounders recognized that a chiefexecutive should not have the powerto impose his own laws. They had experienced too much ofthat with King George. They specifically delegated the legislative power-which is the powerto establish policyto Congress. The presidentwas givenjust 14 responsibilities in the Constitution, and none ofthem included domestic policymaking. The president may recommend legislation, but he may not impose lawswithoutthe consent of Congress.
The Declaration of Independence says government must rule by consent ofthe governed. OurConstitution established a processto be followed when crafting newlaws, and making laws is a responsibility ofthe legislative branch. When the process is followed, the consent ofthe governed is honored and liberty is secured. The executive branch may not impose its own rulesjust because it wantsto. Ourfounders set up thethree branches in away that prevented any single branch from becoming so powerful that it could threaten the liberty of our citizens. That's whythey separated the legislative function from the executive function. Ifthese functions are merged so that executive and legislative powers are wielded by one agency or one person, libertywill not be secured. It will be violated. Your new rule violates American liberty in ominous and frightening ways. If asingle agency can decree-withoutthe consent ofCongress-thatthe work and treasure of a private company, a public utility or acooperative enterprise can be wasted to achieve a clean air objective that has negligible impact on the quality ofthe air, then we have entered a new era oftyranny. Because it won't be these companiesthat pay, it will be their ratepayers.
Iwould very much like to see our nation spared your destructive rules. But ifyou insist on writing them, you will help us recruit. As you tighten the noose around the necks ofthe American people, we will organize. We will elect men and women to federal office who will shrinkyour budgets, hollow outyour agency and return many ofyour agency's responsibilitiesto the stateswhere they belong, as the Tenth Amendment requires.
I urge you to withdrawthis destructive rule. It is not worth any miniscule benefits it might achieve. Furthermore, the technology you are trying to force on the power industry, carbon capture and storage, is not yet a proven technology. This rule is foolish and wasteful.
Listen to the American people and withdrawthis rule.



### JimJess ViceChairman GeorgiaTeaParty Co-Chair,FederalTaskForce (770) 403-9853