[QUOTE=BJJ-Blue;1092532]KC, you will never convince me that the Founders would want the Federal Government to tell us what light bulbs, school lunches, washing machines, cars, and lawn mowers we can and cant buy/use. Notice they put the 10th Amendment in the Constitution. Read that, then tell me they would disagree with me.[/QUOTE]
The tenth ammendment did not do away with the idea of implied powers, and the commerce clause alone allows for it.
It does not help your argument when you try to make it sound more ridiculous than it truly is. Had you suggested to the founding fathers that it should be each americans right to use light heavy metals beyond the nation’s capacity to obtain them, and potentially prevent future access, and explained to them(who had no knowledge of the topic, but understood resources in their time) that the economy was based, in many ways, on the technology these light heavy metals are required for, I seriously doubt they would have allowed the use of them to endanger the society itself. In their time, they could not have counted on the military power we have now to ensure unrestricted oil use, so the idea that such a necessary item, without reasonable access to which the whole economy would collapse, would be allowed to be ****ed away for individual amusement is questionable.
The founding fathers did believe in the social compact, which implied abdication of some rights by all in order to avoid the state of war they believed was the state of nature, a case of all against all(free trade:D). They favored Locke’s version over Hobbes, so they did not believe in the absolute power of government over the individual, but they still did believe in the social compact, and the conditions that required it, and the abdication of individual rights implicit in the idea.
As I already said, it is the energy use that is of national interest. Since private oil industry requires our military to secure their interest, it is absolutely of national interest, and the federal governement does have a say. Since interruption of oil supplies, cessation of current amounts, or depletion of reserves, would, in a way no other resource would, adversely affect the economy of our entire society, wasteful use is exactly the sort of right that the social compact says the individual has a moral responsibility to abdicate, and the failure to abdicate that right is the same as saying that one is not choosing to be part of that society, in which case they may leave, but cannot, from a false position, claim to be part in the social compact.
Since nuclear power is especially of federal interest, since no one in their right minds would want it to be unregulated, for strategic and safety reasons, it also falls in the federal rubrick.
Since coal must be regulated, due to the dire and historically proven consequences of its overuse, and since it also must be regulated to ensure continuation of industry and the maintenance of our economy, it must be regulated.
Since the population, in total, can and has used energy resources to the limit, and since the population is growing, and since the worldwide population that is using the finite resources has grown markedly and will grow, then any product that, overall, can control a market well enough to become a norm, that also uses excessive energy as a feature of it’s construction and/or use, will then lead to shortages of resources vital to not only national economy and defense, but worldwide economy.
The assumption that choosing not to abdicate the right to conspicuously use limited resources of a national interest is in any way a social compact is incorrect. The founding fathers believed in a social compact, therefore you are wrong. At best, you could argue that they would be against the government intervening before the fact, but they would be quite capable of making the case that, by abdicating the social compact, and thus choosing not to be Americans, it was irrelevant what rights were owed Americans when discussing those who were clearly choosing not to be part of the society, and certainly the society of their day dealt with threats to their economic continuity in even more underhanded ways than those requiring the government.