This week, AtC and I hit the time machine and go back to college. Our topics are the hysteria at UMASS, the idiocy at Mizzou, and the May Day fools in Seattle.
Of course, we wander around some too.
Hope you enjoy.
We didn’t do a huge segment here this week, and while we did discuss a couple things in passing, the main book discussed was:
PS: Yes, I’m aware that our audio sucks even more than normal. It sounded fine while we were recording, so I didn’t discover the issue until it was far too late to do anything.
Okay, I have a question concerning laws where Congress authorizes certain government agencies to promulgate regulations based on the law. Why can’t the House and Senate pass a declaration or whatever the term would be to correct abuses of the law by the agency?
For instance, agency X declares trangenders to fall under some law and therefore they can use whatever bathroom they choose. Why does Congress have to pass a new law to fix that? Why can’t they vote to say that the agency is in violation of the existing law? That would bypass the courts and any stupid veto threats. Since Congress passed the law, they would seem to be the final arbiter of what it means without any other branch having a say.
Under the Congressional Review Act, Congress has 60 days from the promulgation of a major rule in which to issue a joint resolution stating that Congress disapproves of the rule and that it shall have no force and effect: https://www.law.cornell.edu/uscode/text/5/part-I/chapter-8
(The timeline is different for rules that aren’t “major”)
So that procedure is already in place. However, that resolution is subject to Presidential veto.
The problem is getting Congress to use the CRA. This is why I scream about this so much. This was passed as part of the “Contract With America” back in 1996 and was, in theory, supposed to curb the excesses of the regulatory state. You see how well that’s worked out.
Sen. Mike Lee is one of the sponsors of a law to get rid of Chevron deference which is desperately needed. Chevron deference is the ruling by which SCOTUS says that deference is given to the agency in interpretation of the rule.
Additionally, I support the movement to make all regulations automatically DISAPPROVED if Congress does not accept them rather than automatically approved.
So you’re right but this already exists and is ignored.
Thanks for the reply. I agree. Congress should have to approve all regulations.