Cap and Trade Uncosititutional

Dear Senator:

I have heard both that you do support and that you are considering not supporting HR2454 ‘Cap and Trade’. I write today to encourage you to vote against this bill. I do not do so without consideration of the environment, we have a great responsibility to be wise stewards of the environment and to live sustainably. However, this bill is not written to any great effect for our environment, I have read various estimates but most agree that there would be less than a 1% change in our emissions.

Congressional Budget Office (CBO) May 7, 2009 testimony to the Senate Committee on Finance from Director Douglas W. Elmendorf about the Distribution of Revenues from a Cap-and-Trade Program for CO2 Emissions clearly states that the costs of this program would be borne by the American people and that the primary reason for this is to force people to change. “Such price increases would be essential to the success of a cap-and-trade program because they would be the most important mechanism through which businesses and households were encouraged to make investments and behavioral changes that reduced CO2 emissions.” Since scientists worldwide are far from reaching consensus on the topic of global warming, let alone it’s causes, I do not understand how government coercion of the people is justified. Further, there is no authority explicitly or implicitly granted in any document, law, or precedent to the federal or state governments, granting power to force the people to change in any way. I believe this to be just cause for anyone to reject this bill but there is further cause to vote against it.

The CBO has estimated the annual cost of this bill to be $147 per household. Others have estimated the cost to be between $1500-$3000 annually per household. In either case the cost is obviously not inclusive of all possible costs since the costs cannot be specifically enumerated at this point. Our economies both nationally and in the state of Missouri are weak. Investor and consumer confidence are shaky at best. The added variable cost of this bill is not likely to improve these facts, instead it is likely to further destabilize our already tenuous circumstances. If there is any real hope in government that we can recover from our current economic down turn voting for this bill would show intentions to the contrary.

One other major reason why this bill must be voted down: it is unconstitutional. Article 1 Section 8 paragraph 1 states “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;” this law does not comply with the requirement that it be ‘uniform throughout the United States.’ it has instead been intentionally written to penalize certain geographic areas, industries, and populations. The duties or consumption tax levied by this law are required by the Constitution to be uniform and if not uniform then unlawful.

Please consider these points. I encourage you to vote against HR2454 ‘Cap and Trade’.

Sincerely,

Mark Galbraith
Maryville, Missouri
660-254-0714