You have been hired as a legislative aid to United States Senator Kleen. As your first assignment, the Senator requests that you prepare a memorandum for him on the constitutionality of several amendments that he is proposing to the Clean Air Act, first passed by Congress in 1970. Senator Kleen is concerned about global warming and the consequences of the burning of "dirty" energy on the environment. He sees global warming as a matter of national security and believes that it is important that the United States be a leader in combatting air pollution that contributes to global warming. He also believes that "clean" energy is important to the future economic well-being of the United States. Senator Kleen believes that global warming is already playing havoc with the environment. He sees evidence in this in the loss of massive forests and ground cover due to fires; in the melting of the polar ice caps; in the steady rise of the sea level that is threatening many coastal areas; and in the violent and deadly storms and weather conditions throughout the world that are causing both property damage and the loss of human lives. The First Proposed Amendment to the Clean Air Act requires each State to set standards for air quality that are at least as rigorous as those set by the national Environmental Protection Agency (EPA). The First Amendment also requires each States to set up an effective enforcement mechanism that compels all polluters in the State, both public and priv