Bicameral Lawmakers Introduce Bill to Restore Regulatory Accountability
WASHINGTON – A group of
lawmakers, including Senate Judiciary Committee Chairman Chuck Grassley
(R-Iowa), introduced legislation to restore checks and balances in the federal
government by curbing the spread of executive branch power grabs made through
agencies’ broad interpretation of congressional intent. The Separation of
Powers Restoration Act clarifies that the courts, not agencies, have the
authority to independently interpret the law.
“For too long, unelected bureaucrats have relied on Chevron to expand their own authority beyond what Congress ever intended. This has weakened our system of checks and balances and created a recipe for regulatory overreach. The Constitution’s separation of powers makes clear that it is the responsibility of Congress, as the People’s representative, to make the law. And it’s the job of the courts – not the bureaucracy – to interpret the law. This bill helps to reassert those clear lines between the branches. By doing so, it makes the government more accountable to the People and takes a strong step toward reining in the regulators,” Grassley said.
Over
time, Congress has relinquished much of its authority to the executive branch
by passing vague laws that federal agencies have broadly interpreted in a
manner to support their own regulatory goals. The courts, which are charged
with interpreting laws and regulations and acting as a check on the executive
branch, have adopted obscure legal doctrines and judge-made rules that have
weakened their role in ensuring the laws Congress passed are faithfully
executed. One of these doctrines, known as Chevron deference, allows
courts to defer to an agency’s interpretation of the law—even if it’s an
interpretation that the court itself might not have reached. As a result, the
balance of powers established by the Founding Fathers has, over time, shifted
away from Congress and the courts to the executive branch.
The
Separation of Powers Restoration Act simply instructs courts that it’s
their job to interpret the law, not the agencies’. By removing the deference
courts have granted to the sprawling administrative state, the responsibility
will return to Congress to speak clearly and precisely when crafting
legislation. This will strengthen government accountability and will reaffirm
the system of checks and balances, helping to bring the country back to the
system the Founders had in mind from the start.
The
bill was introduced by Senator Orrin Hatch (R-Utah), along with Senators
Grassley, John Cornyn (R-Texas), Mike Lee (R-Utah), Ted Cruz (R-Texas), Ben
Sasse (R-Neb.), Jeff Flake (R-Ariz.), Mike Crapo (R-Idaho), Thom Tillis
(R-N.C.), John Kennedy (R-La.) and James Lankford (R-Okla.).
Text
of the Senate Bill is available HERE.
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