Posted on 05/19/2017 7:09:20 AM PDT by Jacquerie
Subtitle: How to Neuter the Administrative State. Newt Gingrich’s 1996 Congressional Review Act (CRA) is a Constitutional counterthrust to an unconstitutional fact of life. Presented in the form of regulations, the executive branch writes most of the laws we live under, in violation of Article I § 1.
Loathing the CRA. In this inverted reality of legislative power, unelected bureaucrats write the laws for the nation. Agencies do not submit proposed regulations for congressional approval. Instead, in our corrupted system, regulations go into effect unless congress and the president stop them! I loathe the CRA because, without saying, it elevates regulations to the level of Article I law. Like statutory law, regulations are only repealed upon a majority vote of congress, with presidential approval. The difference is that the senate cannot filibuster a CRA bill, AND congress has only sixty legislative days to consider a CRA action from the date of submission of the rule from the issuing agency to congress.
The CRA requires agencies to report their rulemaking activities to Congress, and provides Congress with a special set of procedures under which to consider legislation to overturn those rules. The CRA was intended to assert control over agency rulemaking by establishing a special set of expedited legislative procedures for this purpose, primarily in the Senate.
From 1996 to 2016, of the approximately 72,000 final rules submitted to Congress, only one rule was reversed: the Occupational Safety and Health Administration’s November 2000 final rule on ergonomics.
(Excerpt) Read more at articlevblog.com ...
The White House should direct his cabinet to have ALL agencies review ALL their regulations published in the last X-number of YEARS (however many years since the Congressional Review Act was in effect) to identify ANY that were inadvertently not sent/receipted by BOTH chambers of Congress. All such regulations found which are missing a receipt by one or both chambers should be reviewed under the CRA.
Agree. It is too easy to ignore.
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