Time to Pull In the REINS on Executive Power?

[Dont Taz Me Bro]

The power of Executive Order has been getting expanded gradually by the last few presidents. Executive Orders should only be used in times of emergency and even then with caution. Other than that, the president should not be making any decrees by himself. He's not a king.

 

[Greenbeard]

Under REINS, the numerous proposed regulations pertaining to health care, climate change, energy, financial regulation, and our economy would have to be submitted to Congress for approval. REINS would continue to allow the executive agencies charged with writing rules to propose draft rules, but would end the delegation of Congressional authority that has enabled these agencies to enact them unilaterally.

This is an absurdly bad idea. The point of delegating in the first place is that Congress doesn't have the expertise or time to make the necessary judgments. That's why we have the process we do: proposed rules are developed by experts in the relevant department, 2-3 months of public comment is sought and incorporated, and a final rule is issued. Indeed, Congressmen can weigh in on proposed rules during the comment period, just like anyone else. Some take advantage of that opportunity.

The bureaucracies in the executive branch tend to have a lot on their plate and they move through it methodically but it still generally takes a good while to get things done. Infusing that process with political theater from the only body that moves slower than the bureaucracy--Congress--is just absurd. Congress has oversight power over the bureaucracy and let's not forget that the rulemaking authority arises from each law that they pass. That is, in each law they write something like "so and so as determined by the Secretary [of the relevant department]." If they want to change the process for a given law, they can do that within the law at hand. They don't need this silly REINs Act.

 

[goldcatt]

Under REINS, the numerous proposed regulations pertaining to health care, climate change, energy, financial regulation, and our economy would have to be submitted to Congress for approval. REINS would continue to allow the executive agencies charged with writing rules to propose draft rules, but would end the delegation of Congressional authority that has enabled these agencies to enact them unilaterally.

This is an absurdly bad idea. The point of delegating in the first place is that Congress doesn't have the expertise or time to make the necessary judgments. That's why we have the process we do: proposed rules are developed by experts in the relevant department, 2-3 months of public comment is sought and incorporated, and a final rule is issued. Indeed, Congressmen can weigh in on proposed rules during the comment period, just like anyone else. Some take advantage of that opportunity.

The bureaucracies in the executive branch tend to have a lot on their plate and they move through it methodically but it still generally takes a good while to get things done. Infusing that process with political theater from the only body that moves slower than the bureaucracy--Congress--is just absurd. Congress has oversight power over the bureaucracy and let's not forget that the rulemaking authority arises from each law that they pass. That is, in each law they write something like "so and so as determined by the Secretary [of the relevant department]." If they want to change the process for a given law, they can do that within the law at hand. They don't need this silly REINs Act.

I don't think people like the OP understand the idea of delegation, Greenbeard.

The fact is, Executive regulatory authority is always, ALWAYS Congressional authority that has been delegated under a very specific Act of Congress and subject to Congressional oversight - not to mention the Congressional purse strings. If Congress doesn't like what is being done with the authority they themselves handed over, they need to rewrite the statutes authorizing and delegating that authority. Or defund it. Not propose some dumb piece of grandstanding that willnever pass in order to make themselves look good to the propaganda slurping Base.

What Congress giveth, Congress can take away. They're the ones in control here, not the Oval Office. Or they would be if they had any cajones.

That said, I agree with what's been said on Executive Orders - unles they relate to a matter specifically Executive in nature they should be saved for emergency situations, and probably be temporary to last only until Congress has a chance to act on the matter. And signing statements? Please. But the bottom line is nobody takes power from Congress that Congress doesn't let them have.