Here is a big danger of our current governmental structure: If the Executive branch cannot get the legislature to pass the laws that it wants, it is still possible to get the same result by bypassing elected officials and having a bureaucratic agency issue regulations. From Business Fumes Over Carbon Dioxide Rule – WSJ.com:
Officials gather in Copenhagen this week for an international climate summit, but business leaders are focusing even more on Washington, where the Obama administration is expected as early as Monday to formally declare carbon dioxide a dangerous pollutant.
An "endangerment" finding by the Environmental Protection Agency could pave the way for the government to require businesses that emit carbon dioxide and five other greenhouse gases to make costly changes in machinery to reduce emissions — even if Congress doesn't pass pending climate-change legislation. EPA action to regulate emissions could affect the U.S. economy more directly, and more quickly, than any global deal inked in the Danish capital, where no binding agreement is expected.
Carbon dioxide as a dangerous substance! A substance necessary for life! This would make every human being who exhales–that is, who is alive–a polluter at every breath.