A perfect example of this would be how the EPA is using the Clean Air Act & Clean Water Act as their Hammer & Sickle to impose Cap & Trade restrictions on people and business through regulation over legislation.
From Senator Rand Paul --
Senator Rand Paul (Ky.) today introduced the REINS Act, or Regulations From the Executive in Need of Scrutiny Act of 2011, on the Senate floor.
Designed to “increase accountability for and transparency in the Federal regulatory process,” the REINS Act will result in better drafted and detailed legislation, an improved regulatory process, and will ultimately create a Legislative Branch accountable to the American people.
“I am proud to offer this legislation today alongside my fellow Kentuckian, Congressman Geoff Davis, in the House,” Sen. Paul said Monday. “If Congress is to impose regulations and laws on U.S. citizens, it is important that those citizens are made aware of how they come to be. Cutting red tape and opening the regulatory process to scrutiny is an important step in holding government accountable to all Americans.”
Joining Sen. Paul as co-sponsors are Republican Senators Jim DeMint (S.C.), John Ensign (Nev.), Chuck Grassley (Iowa), Tom Coburn (Okla.), Roy Blunt (Mo.), John Thune (S.D.), Mike Enzi (Wyo.), John Cornyn (Texas), Orrin Hatch (Utah), Saxby Chambliss (Ga.), Ron Johnson (Wis.), Johnny Isakson (Ga.), John Barrasso (Wyo.), Roger Wicker (Miss.), Kelly Ayotte (N.H.), Jeff Sessions (Ala.), Rob Portman (Ohio), Mike Johanns (Neb.), John Boozman (Ark.), David Vitter (La.), Mike Lee (Utah), James Inhofe (Okla.), Kay Bailey Hutchison (Texas), and Marco Rubio (Fla.).
"When liberals can't pass legislation, they enact regulations. As we have seen at the EPA and FCC, unelected bureaucrats can advance a radical, liberal agenda when it loses legislatively or in the courts. The accountability provided by the REINS Act is necessary to ensure federal agencies cannot unilaterally destroy jobs and harm our economy with unnecessary regulations,” Sen. DeMint said. “Businesses should be focused on how best to invest and grow to create jobs, not on fending off burdensome micromanagement through regulation from Washington.”
“Members of Congress like to talk a good game about protecting their constitutional rights. Yet, in reality, we delegate an enormous amount of authority to federal agencies. The REINS Act will help Congress retake the rule-making authority it has ceded to the executive branch and bring the regulatory process under control,” Sen. Coburn said.