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Reining In Bureaucratic Regulations Will Help Create Jobs

December 9, 2011 RSS Feed Print

Who should be in charge of America? It's a question people are asking a lot these days—in a lot of different ways.

The Constitution set up a system of government with limited powers, enforced by a system of checks and balances, and a deliberate tension between the branches of government and between the federal government, the states, and the people. Now people complain that those tensions have been dissolved, or that one branch of government has too much power, or that the federal government has simply grown too large—a complaint common among those who are advocates of limited government. But it is really one of the central divides in American politics today.

[Read Peter Roff on why Americans think federal government has too much power.]

Earlier this week the U.S. House of Representatives took an important step toward reversing the growth of government and restoring accountability for elected officials by passing, by a vote of 241 to 184, the Regulations from the Executive in Need of Scrutiny Act, aimed at curtailing the authority of the so-called "alphabet soup" of independent federal regulatory and executive branch agencies.

As it now stands, Congress often defaults to federal agencies the responsibility for coming up wit h the regulations necessary to implement the laws it passes. As those laws are often unclear or deliberately vague, it gives federal regulators enormous power to determine what lawmakers meant when they wrote Obamacare, Dodd-Frank or Sarbanes-Oxley without Congress having to give its approval.  The end result is that Congress is abdicating its responsibility by delegating away its authority to write the laws—never mind that in this case they are called "regulations."

[See a collection of political cartoons on healthcare.]

The REINS Act, as it is more commonly known on Capitol Hill, changes all that by requiring that Congress give its explicit approval for all new major regulations, defined as those having an economic impact of more than $100 million on the U.S. economy, and that the president must sign it before it is allowed to go into effect.

"Job creators, big and small, continue to struggle in our economy—and needless red tape and excessive government regulations aren't helping," House Speaker John Boehner said after the bill was passed.

Instead of allowing unaccountable bureaucrats to issue new rules that hurt job growth, the REINS Act requires elected lawmakers to approve any new government regulation with a major impact on our economy before it can be imposed on families and small businesses. This simple but critical reform was a key part of Republicans' Pledge to America; it will dramatically improve transparency and accountability in the regulatory process, and will help create a better environment for private-sector job growth.

[See a slide show of Mort Zuckerman's 5 Ways to Create More Jobs.]

By tying Congress and the executive back into the regulatory process is this manner, it restores the accountability of elected officials for the behavior and decisions of the federal bureaucracy, a creature the Founding Fathers never contemplated. Now the legislation moves to the Senate where, under Majority Leader Harry Reid and the Democrats, it will probably die a long, lingering, slow death—just like the 25 other jobs bills that have passed the House that Reid won't bring up in the Senate. But that doesn't mean the REINS Act and the other pro-growth, pro-jobs measures the House has passed this year won't be resurrected as part of some kind of first 100 days package of legislation in the new Congress if there's a new president in the White House.

Tags:
financial regulation,
economy,
Congress,
healthcare reform,
Senate

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Bill Resh of IN:

The amount of deference that should be given to the Federalist Papers in constitutional interpretation has always been somewhat controversial.

E.g.: As early as 1819, Chief Justice John Marshall noted in the famous case McCulloch v. Maryland, that "the opinions expressed by the authors of that work have been justly supposed to be entitled to great respect in expounding the Constitution. No tribute can be paid to them which exceeds their merit; but in applying their opinions to the cases which may arise in the progress of our government, a right to judge of their correctness must be retained." Madison himself believed not only that The Federalist Papers were not a direct expression of the ideas of the Founders, but that those ideas themselves, and the "debates and incidental decisions of the Convention," should not be viewed as having any "authoritative character."

In short, "the legitimate meaning of the Instrument must be derived from the text itself; or if a key is to be sought elsewhere, it must be not in the opinions or intentions of the Body which planned & proposed the Constitution, but in the sense attached to it by the people in their respective State Conventions where it received. all the Authority which it possesses."

You are, indeed, correct with your statement, "...that the "Let Liberty Ring" foundation is nonpartisan is the equivalent of saying that the Center for American Progress is nonpartisan." In effect, the idiom, "non-partisan", is truly a non-existent entity as personal opinions will always be prevalent.

In essence, one could easily state, "Peter Roff is biased, but Robert Schlesinger is not!"

....where does one post the finalized "period" at the end of any political statement?

John Wayne of NM 10:17AM December 12, 2011

And what does Obama want ? Another consumer watch dog agency . I guess 4 trillion in debt in 3 years isn't enough along with all his regulations . Another agency to put their thumb on businesses . Or may-be another escape goat for him .

Hunter of WI 5:56PM December 11, 2011

US News should be more intellectually honest in the bios of their contributors. To allow Peter Roff to propagate the claim that the "Let Liberty Ring" foundation is nonpartisan is the equivalent of saying that the Center for American Progress is nonpartisan. Yes, neither is directly affiliated with a party, but let's be honest about to whose perspectives they are almost wholly aligned.

On another note, for Roff to say that the "founding fathers" (a phrase that should not be capitalized as if they are God-like) did not contemplate sound and effective administrative agencies is flatly false. I suggest Roff reads Jay's and Hamilton's contributions to the Federalist Papers. Conservatives like Roff conveniently gloss over these founders because they prefer the very system Hamilton and Jay helped eschew and one the right would love to see revived--a confederacy.

Bill Resh of IN 8:34AM December 11, 2011

Peter Roff

Peter Roff

Peter Roff is a contributing editor at U.S. News & World Report. Formerly a senior political writer for United Press International, he’s now affiliated with several public policy organizations including Let Freedom Ring, and Frontiers of Freedom. His writing has appeared in National Review, Fox News’ opinion section, The Daily Caller, Politico and elsewhere. Follow him on Twitter @PeterRoff.

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