2000 Ron Paul 17:1
Mr. PAUL.
Madam Speaker, while nuclear
power has conferred a considerable benefit
upon power users in this country, today, we
confront the symptoms of a federal government
run Constitutionally amok which requires
our serious attention. As a Congress, we are
faced with the decision of whether to further
ignore the federal governments constitutional
limits and ultimately confront additional future
symptoms of such action or acknowledge the
necessary consequences of such an extra-Constitutional
activity and act to correct the
initial enumerated powers doctrine transgression.
2000 Ron Paul 17:2
In 1982, the federal government entered
into an agreement with nuclear power industry
to take possession of their nuclear waste and
properly dispose of it in 1998. It should be
noted that it is now March 2000 and the federal
government has quite simply breached its
contract. More importantly, it should be noted
that the federal government had no authority
to enter such an agreement in the first place.
These facts, of course, did nothing to prevent
the federal government from collecting from
utility companies and their customers tax revenues
for placement in a trust fund to accomplish
their illegitimate and unfulfilled promise.
Lack of constitutional authority also did nothing
to stop the federal government from
squandering more than $6 billion of that trust
fund without having collected one gram of nuclear
waste.
2000 Ron Paul 17:3
Today we are faced with yet another bill
which provides mandates for which neither
constitutional authority exists nor for which
there is any reason to believe that such mandates
will be observed by the Department of
Energy any more than the previously legislated
mandates have been observed. Additionally,
this bill further expands the authority of
the Environmental Protection Agency (EPA)
and further involves the EPA in the process
which could only exponentially increase the
difficulty and time required to actually accomplish
the legislations stated purpose.
2000 Ron Paul 17:4
These facts stated, we nevertheless remain
faced with the current status quo requiring a
solution. The initial question which must necessarily
be asked and answered is whether
one constitutionally illegitimate action by the
federal government may ever be used to justify
the second? The answer to this question
must always be answered in the negative.
This does not mean, however, that those
whose taxes have been illegitimately taken
should receive nothing in return — quite the
contrary. Numerous breach of contract lawsuits
have been filed against the federal government
for which quick remedies must be effectuated.
Not only must the ill-taken revenues
be returned to the non-breaching parties but
attorneys fees and damages imposed upon
the non-breaching parties should be awarded
them as well. Perhaps, even more should be
done, however, as this contract can, in
many ways, be likened to the car thief who
knowingly sells a stolen car to an
unsuspecting customer inasmuch as the federal
government promised to deliver something
for which they themselves have usurped
(stolen) from the state authorities and, hence,
had no legitimate right to offer.
2000 Ron Paul 17:5
Of course, returning the trust fund money including
interest and damages to ratepayers
and utilities companies quite obviously does
not dispose of the hazardous waste. Waste
disposal and public safety, though, remains a
power of the state governments under the
tenth amendment to the U.S. Constitution
which specifies that The powers not delegated
to the United States by the Constitution,
nor prohibited by it to the States, are reserved
to the States respectively, or the people. The
public safety and police power have long been
held to be state law matters and most appropriately
so.
2000 Ron Paul 17:6
While citizens of those forty-nine states exclusive
of Nevada may believe that Nevada is
a fine place to dispose of ones waste, one
must never concede the principle of states
right guaranteed by the Constitution or forget
that, in so doing, the next choice of the federal
government may be to deposit equally dangerous
or harmful materials in the rangeland
of Texas. To the extent any particular state is
unfit for such waste, the Constitution allows for
interstate compacts between states. Enlisting
the aid of the federal government to impose
ones waste on citizens of another state while
efficacious for the dumper is thus neither
prudent, Constitutional, nor particularly pleasant
for the dumpee.