Remove regulatory writing authority from executive agencies. The executive branch is only to enforce laws, not write regulations with punitive enforcement potential.
In addition, executive agencies should not be interpreting legislation. Laws should be interpreted as written and only as written by Congress.
Only Congress should be writing laws per our Constitution. Eliminate the executive overreach of agencies writing, interpreting, and enforcing their own regulations. Make Congress do their job.
Agree. Any regs that the agencies want to recommend must be sent to Congress to be drafted and be voted on. Otherwise there is no accountability to the people.
Argument for Restricting Regulatory Law-Writing Authority to Congress
Introduction
The delegation of regulatory law-writing authority to executive agencies has led to an erosion of accountability, a weakening of the separation of powers, and a proliferation of regulations that lack direct oversight by elected representatives. To restore the constitutional balance of power and ensure that laws reflect the will of the people, Congress must reclaim exclusive authority over regulatory lawmaking.
Constitutional Principles
Article I, Section 1 of the U.S. Constitution explicitly vests all legislative powers in Congress. This foundational principle is undermined when executive agencies, which are part of the executive branch, are empowered to draft and implement regulations that carry the force of law. While agencies may have technical expertise, they are not democratically accountable to the electorate, and their actions often bypass the rigorous debate and consensus-building required in Congress.
Issues with Current Regulatory Practices
Lack of Accountability:
Executive agencies are led by unelected officials who are insulated from direct voter oversight. Regulations they enact often impose significant economic and social impacts without sufficient input from the public or their representatives.
Overreach and Complexity:
Agencies frequently interpret legislative mandates broadly, creating rules that extend far beyond the original intent of Congress. This regulatory overreach burdens businesses and individuals with compliance costs and complexities.
Chevron Deference:
The judicial doctrine of Chevron deference exacerbates the issue by allowing courts to defer to agency interpretations of ambiguous statutes. This incentivizes Congress to draft vague laws, knowing that agencies will fill in the details, further diluting legislative accountability.
Benefits of Concentrating Authority in Congress
Enhanced Accountability:
As elected representatives, members of Congress are directly answerable to their constituents. By taking full responsibility for regulatory lawmaking, Congress ensures that laws reflect the will of the people.
Restoration of the Separation of Powers:
Returning regulatory authority to Congress reinforces the constitutional principle that legislative powers belong exclusively to the legislative branch, preventing the executive branch from acting as both lawmaker and enforcer.
Increased Transparency:
The legislative process is more transparent and participatory than the rulemaking processes of executive agencies. Congressional debates, hearings, and votes allow for greater public scrutiny and input.
Addressing Practical Concerns
Technical Expertise:**
Congress can establish advisory panels composed of subject-matter experts to provide the necessary technical insights for drafting complex regulations. These panels would serve a consultative role, leaving final decision-making authority with Congress.
Legislative Efficiency:
To handle the increased workload, Congress could create specialized committees dedicated to regulatory lawmaking. These committees would streamline the drafting process while maintaining legislative oversight.
Transition Period:
A phased approach could be implemented to transition regulatory authority from executive agencies to Congress, minimizing disruption to ongoing regulatory functions.
Proposed Reforms
Amend the Administrative Procedure Act (APA):
Limit or eliminate the rulemaking authority of executive agencies, requiring that all regulations be drafted and approved by Congress.
Revisit Chevron Deference:**
Advocate for judicial reconsideration of Chevron deference to ensure that courts hold agencies accountable to the clear intent of Congress.
Constitutional Amendment:**
Introduce an amendment explicitly stating that only Congress has the authority to create regulatory laws, providing a durable safeguard against future delegation of this power.
Conclusion
Concentrating regulatory law-writing authority in Congress is essential to uphold the principles of accountability, transparency, and constitutional governance. While executive agencies play a valuable role in enforcing laws, the power to create those laws must remain solely with the legislative branch to ensure that they reflect the will of the people. This reform will restore public trust, strengthen the rule of law, and reinforce the foundational principles of American democracy.