Our non-delegation idea is becoming popular

July 11, 2023

Our “Write the laws” non-delegation idea continues to gain ground.

The idea behind our “Write the Laws Act” (WTLA) is simple and powerful…

Congress should not delegate its legislative rule-making powers to unelected bureaucrats in Executive Branch agencies.

The Constitution specifically separated the legislative power exercised by Congress from the executive power the President wields through the administrative agencies he manages. But…

Congress has routinely flaunted this non-delegation principle

Our “Write the Laws Act” would prohibit this practice by forcing all regulations to be read and approved by Congress. It also prohibits the courts from enforcing any regulations promulgated in violation of this requirement.

We’ve made progress in the courts

We recently reported to you how this “non-delegation” idea is gaining traction in the courts. We specifically noted the case West Virginia v. EPA, where the Supreme Court ruled that the EPA (Environmental Protection Agency) cannot outlaw carbon emissions without specific approval by Congress.

We have also shown you statements by numerous judges who are embracing our non-delegation idea. And it gets better…

The House of Representatives has just taken a step in our direction

The House just voted to pass the REINS Act. REINS is one of those silly acronyms that stands for Regulations from the Executive in Need of Scrutiny.

This new bill would require that any Executive Branch regulation with an economic impact greater than $100 million must be specifically approved by Congress. You will likely notice three things about this law…

  1. The definition of what constitutes a $100 million impact can probably be gamed in a number of ways.
  2. It only addresses a small number of regulations, instead of all regulations as WTLA does.
  3. It has only been passed in the House and will probably NOT be passed in the Senate.

Even so, it’s another sign that the public debate on the non-delegation issue is moving in our direction. You can continue this progress by…

Pass WTLA

Set your own agenda,

Jim Babka, President
Agenda Setters by Downsize DC

Today’s Action: Pass the “Write the Laws Act”