QUESTION: Mr. Armstrong, you know law like no other analyst. My air conditioner bit the dust, and it was a 14-seer 2-ton split heat pump. The repair company told me that I had to put in a whole new system because Biden changed the specs, and you now must have a 14.5-seer, so everything has to be changed. This raises the cost from at most $1,500 to $12,000 to $25,000, depending on the model you get today.
I remember you did a post on John Kerry complaining about air conditioners contributing to global warming. How can they retroactively now require you to change your complete system instead of a normal repair?
SL
ANSWER: Legally, they cannot. That violates every principle of the rule of law. The Ex Post Facto clauses, in a legal context, are typically used to refer to a criminal statute that punishes actions retroactively. In other words, the government cannot declare something is now criminal that was legal when originally performed and then prosecute you for a crime that did not previously exist. I’m sure they would come up with something in New York City since they do not respect the Constitution ever.
Two clauses in the United States Constitution prohibit ex post facto laws:
Article 1, § 9
This prohibits Congress from passing any laws which apply ex post facto.
Article 1 § 10.
This prohibits the states from passing any laws which apply ex post facto.
What the Biden Administration is doing in the environmental arena violates every principle of a free society. There needs to be a class action suit, for I am sure you are not the only one. These regulations will impact every home in the United States. Those making these decisions in the Biden Administration are a threat to our very civilization. This maybe a morbid joke, but they do hate your guts. You mean absolutely NOTHING to the Biden Administration. Wake up!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!