Back when I was being brainwashed in gummint skools (about 50 years ago??), the official position in Civics was that the legislature (local/state/national) passed LAWS.
But somethin' shittee happened along the way...the EPA now has that power:
EPA Could Regulate Lawnmowers, Speed Limit » The Foundry
So what else is new...we've sat back and become complacent regarding the nannystate ALLOWING us to continue to uptake oxygen.
When are we gonna wake up and REVOLT against this shit???