I hope that Kim Strassel is right:

President Obama never held much with laws, because he failed at making them. After his first two years in office, he never could convince the Congress to pass another signature initiative. His response—and the enduring theme of his presidency—was therefore to ignore Congress and statutes, go around the partnership framework, and give his agencies authority to dictate policy from Washington. The states were demoted from partners to indentured servants. So too were any rival federal agencies that got in the EPA’s way. Example: The EPA’s pre-emptive veto of Alaska’s proposed Pebble Mine, in which it usurped Army Corps of Engineers authority.

One revealing illustration from EPA world. Under the Clean Air Act, states are allowed to craft their own implementation plans. If the EPA disapproves of a state plan, it is empowered to impose a federal one—one of the most aggressive actions the agency can take against a state, since it is the equivalent of a seizure of authority. In the entirety of the presidencies of George H.W. Bush,Bill Clinton and George W. Bush, the EPA imposed five federal implementation plans on states. By last count, the Obama administration has imposed at least 56.

Much of Mr. Pruitt’s tenure as Oklahoma’s AG was about trying to stuff federal agencies back into their legal boxes. Most of the press either never understood this, or never wanted to. When the media wrote about state lawsuits against ObamaCare or the Clean Power Plan or the Water of the United States rule, the suggestion usually was that this litigation was ideologically motivated, and a naked attempt to do what a Republican Congress could not—tank the president’s agenda.

The basis of nearly every one of these lawsuits was in fact violations of states’ constitutional and statutory rights—and it is why so many of the cases were successful. It was all a valiant attempt to force the federal government to follow the law. And it has been a singular Pruitt pursuit.

It will be refreshing to have someone rein in the EPA by running it, instead of having to continually take it to court.

[Update a while later]

Will Trump finally provide an opportunity to sell “progressives” on the virtues of federalism?

“Turnabout is fair play” is a deeply human sentiment. In politics, it’s both tedious and fun, because while reciprocity is satisfying, hypocrisy is annoying.

For instance, when Republicans take control of the Senate, Democrats instantly become sticklers for procedure, precedent, and constitutionalism. When Republicans lose the Senate, it’s “Democrats, start your steamrollers.”

While “You did it, so now we can too” is a perfectly natural attitude, it encourages cynicism precisely because it renders principles into arguments of convenience. When President Obama was testing — and exceeding — the limits of his constitutional powers, liberals grabbed their pom-poms and cheered. Now that Donald Trump is in power, they’re rediscovering that constitutional safeguards are there for everybody.

When Obama grew the deficit, Republicans and tea partiers insisted there was a debt crisis. Now, the president-elect says we must “prime the pump” with up to $1 trillion in deficit spending, and the former deficit hawks slumber in their nests. Regardless, that excerpt from A Man for All Seasons is not intended to imply that Trump is the devil — or that Obama is. Suffice it to say that one partisan’s devil is another partisan’s angel. I’m more interested in breaking the cycle and seizing an opportunity.

I’m looking forward to it. Who knows, maybe even Trump can be convinced.

[Update a while later]

Trump is putting together the most business-friendly cabinet in decades:

Conservatives had expressed considerable reservations about Trump’s professions of conservatism, during both the primary and general-election campaigns. In the days after the election, Trump’s meetings with Obama on the ACA and with Al Gore on climate change prompted renewed concerns about Trump’s true direction. Even while the first few nominations got announced, some wondered whether they reflected vice-president-elect Mike Pence more than Trump, and when other shoes would begin to drop.

So far, though, Trump seems intent on creating the most conservative and business-oriented Cabinet in decades. If Horowitz was correct and “personnel is policy,” then conservatives should find themselves pleasantly surprised and encouraged thus far with a 180-degree change of direction these key appointments promise. The inauguration on January 20th marks the date in which conservatives might find their own version of hope and change.

Unfortunately, what we really need is a market-friendly one.

[Update a couple minutes later]

Trump’s selections indicate that massive deregulation moves are coming. Well, we need it, after all the unconstitutional and unlawful overreach of the past eight years.

[Update a while later]

Getting back to the original post topic, Trump has nominated a powerful defender of states rights.