Not happy with a lack of tyrannical war on carbon being declared by Congress, a historian wants “carbon pollution” be declared Unconstitutional!
“The current unwillingness or inability of Congress to deal systematically with the problem of climate change threatens both the world’s climate—which nearly everyone has noticed—and the United States Constitution–which has gone virtually unnoticed.
“The longer Congress takes to form the necessary bipartisan coalition to legislate on the subject, the more tempting it becomes for people who are alarmed at the world’s problem, to look to other branches of the government to rescue the Earth.”
How? By declaring the atmoshpere to be a “public trust”:
“[A]n organization representing young people called Our Children’s Trust is initiating suits in federal courts in the West and in courts in several states insisting that continuing to allow the emission of dangerous amounts of carbon is an unconstitutional infringement of our children’s rights.
“Plaintiffs point to the promises made ‘to . . . our posterity’ in the Preamble of the Constitution and to the Fifth Amendment.
“The result desired by the plaintiffs is a court-ordered solution to climate change based on the idea that the atmosphere is a ‘public trust.'”
Aside from the fact that “posterity” isn’t mentioned in the 5th Amendment, this is just another Preambulatory penumbras to pull non-existant “rights” out of nowhere in order to allow the Judiciary to take a massive power grab, elevating them from judges to lawmakers.