More progress toward restoring the separation of powers

Two more steps forward for the separation of powers

This is the theory…

• Congress is supposed to create the rules.
• The President is supposed to manage the bureaucracy to enforce those rules.
• The Supreme Court is supposed to stop Congress and/or the President and/or the bureaucracy when they violate the ultimate rule: the Constitution as amended.

We all know the system doesn’t work that way most of the time. That’s why we’ve made it a point to tell you when the system does work. For instance…

We filed an important amicus curiae brief in Loper Bright Enterprises. v. Raimondo. The Supreme Court did its job correctly in that case, ruling that…

“the scope of an agency’s own power” is determined not by deference to asserted expertise, but by “the best reading of the statute,” which is fixed at the time of enactment, 603 U.S. 369, 400-01 (2024)

In other words…

Executive Branch agencies must only do what Congress authorizes them to do.

This decision is a major step toward the separation of powers. It’s a great example of the system matching the theory.

Now, we have another example. This time, it’s the Executive Branch restricting itself to what the law authorizes. The Trump administration has stepped back from regulating some automobile emissions.

As you might imagine, Democrats are screaming that Republicans don’t care about climate change. But this is more of a legal decision. It’s not about climate change.

The law is specific. The EPA may regulate only emissions that cause direct, measurable harm. The Trump EPA cites clear scientific evidence that the emissions it is withdrawing from regulation do not harm humans. Congress remains free to make a law requiring regulation of these gases. But the EPA will not act without explicit statutory authority.

The good news doesn’t end there…

Several members of Congress are also pushing the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) to terminate a back-door registry of gun owners. Congress specifically passed a law in 1986 prohibiting such a registry.

A gun registry is the necessary step before gun confiscation.

The State cannot confiscate guns unless it knows who has them.

Will these Representatives succeed in their attempt to make the ATF obey the law?

The matter would be clearer-cut if Congress passed our Write the Laws Act (WTLA). Our law would require Congress to specifically approve every rule the bureaucracy imposes on Americans. WTLA also forbids Courts from enforcing any rule that bypassed Congressional approval.

You can help make this happen by either joining The 300 to gain WTLA co-sponsors in your district, or by contributing or starting a monthly pledge to support our work.

Pass WTLA

Set your own agenda,

Jim Babka, President
Agenda Setters by Downsize DC

Today’s Action: Join The 300 to Pass WTLA