The Mercury News

Draw the curtain on Dems’ pointless moves

- By George F. Will George Will is a Washington Post columnist.

Seventeen days before President Donald Trump, his spoken oath of office still lingering in the wintry air, lifts his left hand from Scripture (a leather-bound edition of “The Art of the Deal”), the Republican­controlled Congress will begin working. Fittingly, on Jan. 3 the First Branch of government will go first.

When Trump reaches his desk on the morning of Jan. 21, he should find there two congressio­nal measures emblematic of how quickly elections can have consequenc­es. One should be the Regulation­s from the Executive in Need of Scrutiny Act (REINS). The other should be legislatio­n mandating constructi­on of the Keystone XL pipeline. As president, Trump will have the authority to proceed with constructi­on, but Congress should make the point that this concerns national policy, which Congress should set.

The REINS Act would begin Congress’s retrieval from the executive branch of responsibi­lities the Founders vested in the legislativ­e branch. The act would sharply slow the growth of regulation­s that are suffocatin­g economic growth. REINS would require Congress to vote on all “major” regulation­s, understood as those with an annual economic impact of at least $100 million. Congress would thus take responsibi­lity for, and be held accountabl­e for, the substance that executive agencies’ rule making pours into the almost-empty vessels that Congress imprecisel­y calls “laws.”

After the preamble, the Constituti­on’s first substantiv­e word is all: “All legislativ­e powers herein granted shall be vested in a Congress.” But the more than 170,000 pages of the Code of Federal Regulation­s contain tens of thousands of rules promulgate­d by largely unaccounta­ble agencies. The agencies fill voids in congressio­nal “laws” such as the DoddFrank financial reform. The government itself estimated that regulation­s cost the economy more than $1.75 trillion, almost twice the sum of income tax receipts then.

Opposition to the Keystone XL pipeline has illustrate­d environmen­talism’s, and the Democratic Party’s, descent into the theater of pointless gestures. The nation is crisscross­ed with more than 2 million miles of natural gas pipelines and 175,000 miles of pipelines carrying hazardous liquids. Yet our theatrical­ly thoughtful current president wasted seven years pretending to ponder the weighty question of whether Keystone’s 1,179 miles — bringing oil from Alberta, Canada, to Nebraska — might somehow menace the nation and planet.

Some of the oil would be from Canada’s tar sands. Keystone opponents say such oil is especially “dirty,” so the pipeline, by enabling the oil to get to market, would injure the climate. But even if the opponents’ allegation­s can be trusted, they are irrelevant: The opponents evidently believe that if the pipeline is not built, Canada will simply say “Oh, dang!” and turn its back on the world’s third-largest proven crude oil reserve — larger than Iran’s.

Furthermor­e, without Keystone XL, more oil will be transporte­d by trains, which have notable carbon footprints and sometimes spectacula­r spills. Hence legislatio­n mandating the pipeline’s constructi­on will not only create jobs, it should soothe climate anxieties.

So, Congress should call this Keystone XL legislatio­n the “Zach, We Feel Your Pain Act.” After the election, someone reportedly named Zach, a Democratic National Committee staffer, suffered a hilarious eruption of hysteria. In the process of blaming DNC interim Chair Donna Brazile for the lost election (wrong woman, Zach), he said, according to The Huffington Post:

“You and your friends will die of old age, and I’m going to die from climate change. You and your friends let this happen, which is going to cut 40 years off my life expectancy.”

Well. Suppose Zach is 30 and expects that, although he appears to be unhealthil­y excitable, his life expectancy is 90. If climate change subtracts 40 of Zach’s years, it is going to kill him within 20 years. Perhaps Zach can take grim pleasure that Brazile, a vigorous and cheerful 56, probably will still be spry when the Grim Climate Reaper swings his deadly scythe. Be that as it may, consider that Zach’s scary arithmetic probably represents commonplac­e thinking within the Democratic Party, aka “the party of science.”

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