by Publius Huldah
Roman Buhler of the “The Madison Coalition” says we should support the “Regulation Freedom” Amendment to the US Constitution:
“Whenever one quarter of the Members of the U.S. House or the U.S. Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation.”
Do you see the trap the amendment sets? It would legalize rule making by federal agencies in the Executive Branch and would thus supersede Article I, §1 of our Constitution! And the entire existing Code of Federal Regulations and the rule making process itself – which now violate the Constitution – would be made constitutional!
The amendment would thus bring about a fundamental transformation of our Constitution from one where Laws are made by elected Representatives on only a handful of enumerated powers; to the administrative law state where laws are made by unelected, nameless, faceless bureaucrats in the Executive Branch (the same branch that accuses, prosecutes, and judges violations). The executive agencies would make whatever Rules they please—and they would stand unless Congress, which often doesn’t even read the laws they pass, overrules it.
What I see is an attempt to reign in an uncontrolled bureacracy that continues to do what it pleases regardless of the Constitution and an author who wants this status quo to continue.
I understand the concern but since many Federal bureaucracies already “make law” but simply announcing it , with nothing has been done to stop it, wouldn’t this at least offer a path to resist/address it?
Y’all have a nice day.