On Wednesday, the Biden Administration proposes to do through the administrative state what cannot be done through Congress.

According to multiple news reports, the Administration will propose regulations on tailpipe emissions for vehicles manufactured in the year 2027 and after. These rules will de facto ban internal combustion engines, ICE. Moreover, the regulations would fundamentally alter the industrial base of the United States.

Under the proposed rules, the Environmental Protection Agency, EPA, would limit the emissions that each car company’s fleet of vehicles could emit. The proposed rules would be so draconian that, in time, car companies would only produce electric vehicles, EVs.

The Biden administration bases the proposed regulations on the 1990 Clean Air Act. But the proposed regulations are not about clean air; rather, the proposed rules are about climate change and Biden’s promises to reduce dramatically greenhouse gas emissions produced by the United States.

Unfortunately for the President, Congress would say "no" to legislation to ban ICEs. Hence why the Biden administration has decided to ignore the Constitution. A reminder for the White House: the Constitution says that all legislative authority is vested in Congress. The Constitution also says that the president executes laws enacted by Congress. Under the Constitution, the President cannot make law.

Not only does Biden ignore the Constitution with his proposed tailpipe regulations, but he also ignores the recent United States Supreme Court decision in West Virginia v. EPA, where the Court said that when the Administrative State issues regulations on “major questions,” the legislative authority for such regulations must be clear. Under the "major questions doctrine," there are "extraordinary cases" in which the "economic and political significance" of proposed regulations are such that clear Congressional authorization must form the basis for such regulations. Effectively banning ICEs is unquestionably a "major question."

First, EVs are more expensive than ICEs. Banning ICEs would impose a heavy burden on American households, especially lower-income households. The proposed regulations would be economically regressive.

Second, from opinion polls, it is logical to infer that the public would say "no" to a ban on ICEs. Americans like big gasoline-powered vehicles. Americans are unhappy with the limited driving range of EVs. Americans do not like the long charging times for EVs.

Third, the regulations would significantly disrupt U.S. labor markets. The manufacture of EVs requires 50% fewer workers than the manufacture of ICEs.

Fourth, the transportation infrastructure of the U.S. economy is unprepared for an EV future. About 30 million new charging stations would have to be built, which is 20 times the existing number of charging stations. Who would pay for that build-out? Would there be pushback on the location of charging stations?

Fifth, the global supply chain for EVs is already stretched and causing EV price inflation.

The proposed tailpipe emissions regulations involve major questions. No clear legislative authority exists for the proposed regulations. By introducing the regulations, Biden is again law-breaking and acting unconstitutionally.

James Rogan is a former U.S. foreign service officer who later worked in finance and law for 30 years. He writes a daily note  on finance and the economy, politics, sociology, and criminal justice.