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Potential Changes to Executive Branch Rulemaking

Tide1986

Tide1986

Suspended
Nov 22, 2008
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Good write-up on a couple pieces of legislation currently in process that could enhance the rule of law:

http://www.hoover.org/research/revolution-administrative-law

The first bill, H.R. 26, the Regulations From the Executive In Need of Scrutiny (REINS) Act, languished in three previous successive Congresses, but it has now cleared the House by a vote of 237-187. If enacted, this bill will give Congress a final say on regulations with an estimated cost over $100 million through a mandatory up-or-down vote before they go into effect. More importantly for the day-to-day operation of administrative law is Goodlatte’s other bill, H.R. 5, the Regulatory Accountability Act, which the congressman claims will “wipe out abusive regulation—freeing Americans to innovate and prosper once more.”

This last claim is a tall order for any one piece of legislation. But there is no underestimating the effect H.R. 5 will have in shaping the agendas that Scott Pruitt will bring to the Environmental Protection Agency, Betsy DeVos to the Department of Education, Andy Puzdur to the Department of Labor, and Rick Perry to the Department of Energy—each of whom will administer a complex set of statutes that authorize their agency actions while delimiting their authority. In the Obama administration, there were profound political clashes between his progressive administrators, who constantly sought to extend the scope of their authority in all of these areas, and their opponents both on and off the bench.
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jthomas666

jthomas666

Hall of Fame
Aug 14, 2002
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The Republicans clearly intend to confirm people so obviously unqualified for their appointments as DeVos and Carson; what makes you think they will deny them anything via this law?

This bill has less to do with the rule of law as it does the facilitation of obstructionist policies the next time a Democrat sits in the White House.
 
bamachile

bamachile

Hall of Fame
Jul 27, 2007
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jthomas666 said:
This bill has less to do with the rule of law as it does the facilitation of obstructionist policies the next time a Democrat sits in the White House.
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If it is somehow only obstructionist to one party, then I understand objections. I would like to hear more detail, though, to satisfy my curiosity. If it's equally obstructionist, though, it has my favor. Legislation should issue from the legislative branch. Execution thereof belongs to the executive.
 
B

bama_wayne1

All-American
Jun 15, 2007
2,700
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57
I think there should be a change in the way Executive Orders work. I would love to see a bill making Executive orders valid pending ratification by congress. I don't care which part you represent 1 man should not be able to have the ability to create law. I know there has been the argument that they are just making adjustments for convenience but in the last two decades it has happened too much. It appears to be tied to their inability to cooperate more than to expedite a minor rule issue. The three branches owe it to us to work together.
 
C

chanson78

All-American
Nov 1, 2005
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Huntsville, AL
jthomas666 said:
The Republicans clearly intend to confirm people so obviously unqualified for their appointments as DeVos and Carson; what makes you think they will deny them anything via this law?

This bill has less to do with the rule of law as it does the facilitation of obstructionist policies the next time a Democrat sits in the White House.
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I think it is worthwhile to elaborate. Correct me if I am wrong, but it seems that you are saying that this will affect Democrat presidents in the future because with the way things are gerrymandered and the general population distribution with regards to congressional districts, that the likelihood of a Democrat controlled house is unlikely. So any future president that is not Republican will be the one that is actually impacted by this law.
 
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