From Bathtubs To Baptismal Fonts, Congress Moves To Give the Corps of Engineers and EPA Control Of All U.S. Waters
Issue: Having been slapped down by the U. S. Supreme Court's two recent decisions that the words "navigable waters" in the Clean Water Act limited federal agencies to regulation of navigable waters only. Democrats and liberal Republicans in Congress are striking back.
They are attempting to pass the Clean Water Restoration Act of 2009 (No House Number - S 787 In Senate) that would amend the 1972 Clean Water Act and replace the words "navigable waters" with "waters of the United States."
Further, it defines "waters of the United States" with such breathtaking scope that federal agencies would be required to regulate use of every square inch of the U.S., both public and private.
The proposed definition states: "The term 'waters of the United States' means all waters subject to ebb and flow of the tides, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes [a flat dried up area, esp. a desert basin...] natural ponds and all impoundment of the foregoing, to the fullest extent that these waters are subject to the legislative power of Congress under the Constitution."
Obviously, those behind this legislation have only contempt for the Constitution, limited government and private property rights. To understand what the framers of the Constitution intended, one need only look to their writings and the writings of those from whom they took wisdom and direction. A few of thousands of quotes follow:
Quote 1: "The moment the idea is admitted into society that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If 'Thou shalt not covet' and 'Thou shalt not steal' were not commandments from Heaven, they must be made inviolable precepts in every society before it can be civilized or made free." - John Adams, A Defence of the Constitution of the United States against the Attacks of M. Turgot, 1787.
Quote 2: "What a man has honestly acquired is absolutely his own, which he may freely give, but cannot be taken from him without his consent." - Samuel Adams, Massachusetts Circular Letter, 1768.
Quote 3: "...'tis not without reason that [man] seeks out, and is willing to join in society with others who are already united, or have a mind to unite for the mutual preservation of their lives, liberties and estates which I call by the name of property." - John Locke, Second Treatise of Government, 1690
Quote 4: "The property which every man has in his own labor, as it is the foundation of all other property, so it is the most sacred and inviolable." - Adam Smith, The Wealth of Nations, 1776
