House Passed Separation of Powers Restoration Act
The U.S. House of Representatives passed the Separation of Powers Restoration Act of 2016 (H.R. 4768). The legislation has nothing to do with preventing the three branches of government from treading on each other and co-opting power; it has everything to do with the unconstitutional branch (administrative branch) and its unfettered power.
The purpose of the legislation is to modify the scope of judicial review to provide the courts the exclusive power to “decide (without giving deference to the agency’s interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies.” The administrative state has been operating unencumbered by the U.S. Constitution for decades, so any effort to rein it in is long overdue. The millions of nameless, faceless, unelected bureaucrats who inhabit Washington, D.C. must be downsized and neutered immediately, but the activist judges who sit on the federal bench are not interested in restraining the bureaucrats.
The best solution for halting the tyrannical machinations of the administrative state is deep cuts that eliminate entire federal departments and agencies. The departments and agencies that are not terminated must be downsized and restrained by Congress, not the judiciary. Congress has the power to prevent the federal government from tyrannizing over individuals, state governments, local governments, and businesses; congressional oversight and the power of the purse.
Congress is responsible for overseeing the Executive Branch and the numerous fed gov agencies and departments, so when Congress passes a law, it is responsible for ensuring that the D.C. bureaucrats do not use the law to implement tyrannical rules and regulations. The crucial mistake made by Congress regarding laws and the regulations that follow is the length of the laws.
The Affordable Care Act (ACA) is approximately 2,700 pages long, so the Obama administration and its army of bureaucrats can easily use the ACA to devise and implement regulations that have the potential to destroy. Thus far, the administrative state has generated 20,000 pages of regulations related to the ACA; the ACA is one law!
Surely members of Congress don’t think the judiciary can effectively decipher and judge the constitutional validity of hundreds of thousands of pages of rules and regulations. The real fix is to repeal lengthy laws like the ACA. If Congress repealed a law the rules and regulations associated with the law are null and void; problem solved. However, the greater majority of members of Congress lack the courage to repeal any law, so the other solution is the power of the purse.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. – Article I, Section 9, Clause 7
Article I, Section 9, Clause 7 of the United States Constitution makes Congress the final arbiter of the use of public funds. The power of the purse is the weapon that can slay the Leviathan. Congress doesn’t have to pass laws to rein in the Executive Branch and the administrative branch; it just has to stop funding the tyranny of the totalitarian state.