One of the very best ways to protect representative government is by making the
REINS Act into law
. Introduced by Rep. Kat Cammack (R-FL), “REINS” is short for ”
Regulations
from the Executive in Need of Scrutiny.” The REINS Act helps give lawmaking power back to
Congress
instead of the unelected bureaucracy that operates outside the bounds of our Constitution and democratic principles.
The
legislation
would require Congress to approve by vote any regulation with an economic impact of over $100 million. More than 30 organizations, including several state-based groups, also recently sent a letter to Congress, encouraging leadership to pass the REINS Act. Proponents argue it will increase cooperation between government agencies and accountability for members of Congress.
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The founders were keenly aware of the history of extralegal maneuvers to bypass parliamentary authority.
Article I
of the Constitution explicitly states that “all legislative Powers herein granted shall be vested in a Congress.”
Alphabet soup agencies are neither elected nor accountable to voters. Not only are new and costly regulations routinely added by bureaucratic agencies, but the language and meaning of laws passed by Congress often morph into something entirely different. One need only look at Title IX, which became law in 1972, to see a dramatic shift toward arbitrary rulemaking outside of congressional review. Many now fear that legislation passed over 50 years ago meant to protect women’s sports and create strong sexual harassment guidelines now undermines those goals.
Unfortunately, arbitrary rulemaking happens all the time with little to no accountability. One of the favorite and effective tactics of regulatory agencies is merely waiting out executive administrations they disagree with.
Additionally, the cost to taxpayers is overwhelming. The Foundation for Government Accountability
estimates
that federal agencies added $200 billion in regulatory costs in the first year of Joe Biden’s presidency. Biden now wants to bypass Congress with student loan forgiveness, costing taxpayers $1 trillion over the next decade. That’s a lot of extra debt for a nation already drowning in it.
Congress deserves plenty of blame, too. Both parties have let federal agencies run rampant with extralegal authority to shape or simply remake law. Sure, Congress has held hearings on the abuse of power, whether it’s scrutinizing agencies such as the FBI or the IRS, but members mostly act tough for the cameras with little to no change in how federal agencies operate.
Fortunately, the REINS Act has nearly 200 co-sponsors in the current Congress. It offers a significant step toward proper oversight and constitutional government. Looking back at America’s history, the administrative state now echoes many of the grievances put forward by the signers of the Declaration of Independence against the king of the United Kingdom. “He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance,” declares our founding document.
The abuse of power should concern all citizens, regardless of party or voting preference. We need to rein in the unelected administrative state and start trusting people to govern themselves again.
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Ray Nothstine is a writer at the
State Policy Network
and the senior editor of SPN’s federalism publication, American Habits.
