The Constitution gives unelected bureaucrats no power to make federal law. They make law anyway—costing the U.S. economy trillions of dollars per year and imposing more criminal and civil penalties than the government itself can count. We are all poorer and less free as a result.
The problem is that Congress has enacted literally thousands of laws purporting to authorize lawmaking by bureaucrats. Congress lacks authority to outsource the task of lawmaking, but the Supreme Court has been unwilling in most circumstances to strike down such measures.
That’s a problem because the Constitution gives Congress the exclusive power to make federal law, not federal lawmakers.
This is why we need Congress to pass the REINS Act, which would treat “major rule” bureaucratic regulations as legislative proposals, which could take effect only after being enacted by Congress. I don’t think there is a more important bill for Congress to pass.
When Republicans controlled the House, the REINS Act was passed by that chamber year after year; it never received an up-or-down vote in the Senate.
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