A guy I follow on Twitter (@TheOneSoleShoe) has written a very good article about an easy way to fix the imbalance between Executive and Legislative power. Right now, as we’ve seen with President Pen and Phone, the Executive can pretty much use the regulatory power of the bureaucracy to decree new laws, even if they aren’t called such. This is entirely opposed to the concept of American government. If you don’t like it, you can go through a lengthy court process and you might just wind up having bureaucratic over-reach enshrined in a Supreme Court ruling (as ObamaCare was, twice). The fix goes like this:
…Rather than allow the Courts to have the final and only say on the scope, meaning and intent on legislation as manifested in administrative rulings and rule-making, why not alter the APA (Administrative Procedure Act) to give Congress the power to approve all proposed regulations on an up or down vote? Currently all that is required is a “notice and comment” period to satisfy statutory due process requirements. But the Agency still retains practically plenary power over enacting the regulation, enforcing it, and even interpreting it. c.f. Chevron USA, Inc. vs Natural Resources Defense Council, Inc., 467 US 837 (1984)…
…(Congress) can, right now, statutorily amend the APA to grant itself final approval over all proposed agency regulations, any changes in agency policy that amount to a change in regulation, or substantial reinterpretations of the law including administrative case law decisions. If Congress fails to approve the regulations, they would not go into effect. This would provide a major check on Executive power which already, in an era of divided government, enjoys tremendous power through use of the veto. It would realign the federal branches to their original framework and move us from an Executive-led nation to a Congress-led nation as originally intended.
Do read the whole article as it lays out just what the President is supposed to be doing – hint: he isn’t supposed to be using his discretion to decide whether an illegal immigrant can stay.
Getting back to Constitutional governance is crucial to the long-term health and prosperity of the United States. We can’t afford to further drift into Presidential rule until our President is more akin to a Roman Emperor than a George Washington. There is always a danger, as Republics age, that the people, weary of the political fight, will just turn power over to someone who will take charge and make the difficult decisions. That might have some success, of a sort, for a while, but the end of it is the death of the nation. Only the people, continually engaged in the political life of their nation, can ensure that the nation remains vigorous. This idea is a great way to start to restore Constitutional governance and I think we on the right should run with it.