In any crass political calculation drilling for oil will always win more votes than putting a price on carbon. But if I recall what I was taught in fifth-grade American government class we elect presidents to do more than crass political calculations.
The Constitution is not neutral. It was designed to take the government off the backs of people.
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There is nothing anyone can do anyway. The public has no power. The government knows I'm not a criminal. The parole board knows I'm not a criminal. The judge knows I'm not a criminal.