Millions of American business owners have watched with disgust over the past few years as President Barack Obama fine-tuned his style of legislation via bureaucratic agency. He’s annihilated constitutional separation of powers and cost business owners and taxpayers billions of dollars with his pen and his phone. But this GOP legislation could keep it from happening again.
Republican lawmakers are currently moving along legislation that would reverse the Supreme Court’s 1984 Chevron USA v. the Natural Resources Defense Council decision in addition to amending the Administrative Procedure Act.
The 1984 SCOTUS ruling vastly expanded the power of U.S. regulatory agencies by allowing them to provide their own interpretations of congressional statutes deemed “ambiguous” by bureaucrats. Doing away with that standard opens the doors for increased judicial review of new regulatory actions.
The Republicans’ intention in amending the Administrative Procedure Act is to ensure that judicial review occurs by requiring courts to interpret any “ambiguous” statutes before regulators have the opportunity to twist language to suit a government agenda.
Rep. John Ratcliffe (R-Texas), author of the Separation of Powers Restoration Act, says the legislation is a long overdue response to the erosion of checks and balances in government.
“This bill clarifies that the Judicial Branch, not unelected bureaucrats, should settle any disputes on Congressional intent,” Ratcliffe said. “It restores the proper separation of powers that has been eroded by the unintended consequences of the Chevron decision.”
Critics of the legislation say that it will create chaos and controversy in the policymaking process, stifling bureaucratic agencies’ abilities to respond quickly national emergencies.
But supporters of the legislation note that the immense power federal bureaucrats have amassed over the past several years gives them plenty of incentive for baseless fear mongering on the matter.
As Americans for Tax Reform founder Grover Norquist noted earlier this year: “Because the courts generally defer to their interpretation, it essentially gives regulatory agencies legislative, executive, and judicial authority over laws at the expense of the American people and democratically elected members of Congress.”
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