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Ending the Regulatory State by Forcing Congress to Do Its Job
I have decided that there is no way that Congress will ever take back its power. Its members in no way want to make hard votes or choices. Far easier to give away power to unelected regulators. Since Congress will never act, it seems more likely (though still a long shot) that a President, as a single man, just might. So, this is the inaugural I would like to see:
[President is sworn in. He pulls out a document and signs it, handing it to his incoming Chief of staff. Then he addresses America.]
My Fellow Americans, I would like to open with a quick discussion on the Constitution. When the Founders laid out this great document, they believed in a separation of powers and checks and balances. Each of the three branches listed in Articles I, II, and III have their powers enumerated. In the 20th and 21st Centuries, those powers have become blurred.
Nowhere in the Constitution was the sole power to interpret the Constitution given only to the Supreme Court. All three branches have an obligation to study, interpret, and uphold the Constitution. I just took an Oath to do so.
Because I am bound by that Oath, I cannot continue the act of legislation through regulation. Right now, there are thousands of regulations that are effectively laws. These exist because Congress after Congress has effectively given its powers to pass laws to the Executive Branch. This is not what the Founders intended, and it is not in the Constitution. Congress is meant to be the primary branch of government. Its functions are outlined in Article I. There is a reason it came first before the Presidency.
Therefore, I have just signed an executive order returning to Congress its power to legislate. Because all power in the Executive Branch stems from the Presidency, I have the sole power to eliminate any and all regulations I see fit. As of midnight tonight, all regulations that have not been directly written into law will be eliminated. Any pending cases involving those regulations will be dropped by the various agencies immediately. Any attempt at a court order to stop this action will be ignored as unconstitutional. All executive power is vested in the office of the President, and no executive agency has any power other than what is delegated to it. As of midnight tonight, that delegation of power will be revoked.
Further, as Congress clearly cannot give away its power to legislate, and all Executive Power rests within the Presidency, there is no Constitutional mandate for any executive board of panel that is not wholly subject to Congress and the Executive. As such, the Order I just signed includes all executive functions, including things like the National Labor Relations Board, the Consumer Protection Board, and many others. Again, I will ignore any order by any court to the contrary, as no court, not even the Supreme Court, can order me to violate my oath to uphold and protect the Constitution of the United States of America.
I invite Congress to do its job and pass legislation that spells out the regulatory regime it wishes to enact. If Congress wants to take away a citizen’s use of his property because it has decided a pond in his backyard is a navigable waterway and under its jurisdiction, Congress is free to do so. Those voting to do so will have to face voters, unlike the unelected bureaucrats of the federal government. I will hasten to add, that I have a veto pen, and I plan to make liberal use of it to block any laws I find to be oppressive. This will most especially include any attempt to restore regulations in some omnibus bill. Congress is going to have to study and read through the regulations it wants to pass. If legislation is not important enough for Congress to actually read, then it is not important enough for me to sign.
I understand my stance will not be popular with lobbyists, career politicians, think tanks, and all other members of the Washington establishment who make their living by criminalizing their fellow citizens. Good. This is about the restoration of America from rule by unelected bureaucrats, to rule of the people, by the people, and for the people.
God Bless America
Published in Politics
Exactly. Executive branch agencies may propose regulations. But no such regulation should take effect until Congress has approved it with a recorded vote,.
One reg at a time. No hiding the evil in the haystack.
I considered that implied, but good to have pointed out explicitly.
Yes. Can’t be often enough