Expressing disapproval with some Obama administration actions, many on the right — and some on the left — are complaining that the executive branch wields far too much power. Similarly, when President George W. Bush was in power, many on the left — and some on the right — complained that the executive branch wielded far too much power. Seeing this bipartisan concern for unbridled expansion of presidential power and wishing to start restoring the office to its Constitutional limits, Congressman Geoff Davis (R-KY) has introduced the Regulations from the Executive In Need of Scrutiny (REINS) Act.
The REINS Act would require Congressional authorization for any new Major Rule proposed by the executive branch. It now has now has 57 cosponsors, including noted Constitutionalist Rep. Ron Paul (R-TX). It also enjoys the support of the Chamber of Commerce. Under REINS, the numerous proposed regulations pertaining to health care, climate change, energy, financial regulation, and our economy would have to be submitted to Congress for approval. REINS would continue to allow the executive agencies charged with writing rules to propose draft rules, but would end the delegation of Congressional authority that has enabled these agencies to enact them unilaterally.
Our Founding Fathers recognized the pitfalls of an all-powerful chief executive. Fearing tyranny, our nation did not even have a president until 1789, preferring instead strong states, a weak Congress operating under the auspices of the Articles of Confederation, and no executive branch at all. As this proved to be too weak for national cohesiveness, our founders drafted the Constitution to provide the nation with three co-equal branches of government: legislative, executive, and judicial. All three were to operate within the limits defined by the Constitution.
Our founders took great care in limiting presidential power. Presidential power is limited to the powers granted by Article II of the Constitution. As further protection against tyranny, our founders created a system where the president is chosen by the Electoral College rather than via direct election. This was partly to keep the president from exceeding the authority granted by the Constitution by claiming a popular mandate. The Constitutional system kept presidential power largely in check (temporary wartime expansions under President Lincoln and President Wilson being very notable exceptions) until the election of President Franklin Roosevelt.
President Roosevelt greatly expanded the power of both the presidency and the entire federal government. He was the first president to submit legislation directly to Congress. When much of this was overturned by the Supreme Court as unconstitutional, FDR reacted by bullying the Court with threats to pack it with New Deal supporters. Once the Court started upholding New Deal legislation, FDR used this green light to expand the office of the presidency well beyond its Constitutional bounds, shifting federal power from Congress and the Supreme Court to the executive branch in the process. Most presidents since FDR have sought to further expand the power of the office.
President Obama has continued this expansion of executive power. He has given a great amount of power to unelected bureaucrats within the executive branch and has then, in effect, created law via the regulatory process. No Congressional approval was sought for any of these actions.
Congress is finally fighting back. When introducing the REINS Act, Congressman Davis shared this disturbing information:
Last year, the federal government issued 3,316 new rules and regulations. That is roughly 1.6 rules per working hour or 12.8 rules per working day! In many instances, federal rules impose substantial compliance costs on individuals, businesses, and State and local governments. Rules with at least $100 million of annual compliance cost or effect on the economy are classified as “Major Rules.” In 2009, federal agencies issued 78 Major Rules.
The regulatory process has increasingly ceded power to unelected bureaucrats for major decisions that can affect all Americans. Take for example the Democrats’ government takeover of health care. This poorly drafted legislation repeatedly requires the Secretary of Health and Human Services to create regulations in areas ranging from what is required for “qualifying health plans” to the determination and disclosure of nutritional information for standard menu items in restaurants.
The American people agree. In February, a CNN poll found that 56% of Americans believe the federal government is so large that it threatens the freedoms of ordinary citizens. It is time for Congress to assert its Constitutional role in federal governance.
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