S.60 - Write the Laws Act (119th Congress)
Summary
S.60, the "Write the Laws Act," aims to end the delegation of legislative power to administrative agencies, asserting that such delegation is unconstitutional. The bill directs the Comptroller General to report to Congress on the extent of this delegation. It seeks to restore the separation of powers as outlined in the Constitution.
The bill argues that Congress has ceded its legislative responsibilities to unelected bureaucrats, undermining constitutional protections. It amends Title 1 of the U.S. Code to prohibit the delegation of legislative powers and provides an enforcement clause.
Ultimately, the bill intends to ensure that all laws are written by Congress, as stipulated in Article I, Section 1 of the Constitution.
Expected Effects
If enacted, the Write the Laws Act would significantly curtail the authority of administrative agencies. This would force Congress to be more directly involved in writing the specifics of laws.
This could lead to a slowdown in regulatory actions and potentially create legal challenges to existing regulations. It could also shift power back to Congress from the executive branch.
Agencies would be restricted to factual findings, impacting how laws are implemented and enforced.
Potential Benefits
- Restoration of Constitutional Principles: Reasserts the legislative powers of Congress as defined in Article I of the Constitution.
- Increased Accountability: Holds elected officials directly responsible for the laws governing the people.
- Reduced Bureaucratic Overreach: Limits the power of unelected officials in administrative agencies.
- Enhanced Due Process: Ensures that laws are fully defined by Congress, providing clearer notice to the public.
- Strengthened Checks and Balances: Reinforces the separation of powers among the legislative, executive, and judicial branches.
Potential Disadvantages
- Legislative Gridlock: Could lead to slower and more cumbersome legislative processes, hindering the government's ability to respond to emerging issues.
- Reduced Agency Expertise: Limits the ability of agencies to use their specialized knowledge in implementing regulations.
- Increased Political Influence: May increase the influence of political considerations over technical expertise in policymaking.
- Legal Uncertainty: Could create legal challenges to existing regulations and agency actions.
- Implementation Challenges: Requires a comprehensive review of existing statutes and regulations to identify and address unconstitutional delegations of power.
Constitutional Alignment
The bill argues that the delegation of legislative power violates Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. It also invokes the Fifth Amendment's due process clause, asserting that agency rulemaking creates a "Star Chamber-like system." The bill's stated purpose is to restore the separation of powers, a fundamental principle embedded in the Constitution's structure.
However, the Supreme Court has historically allowed some delegation of legislative authority as long as Congress provides an "intelligible principle" to guide agency action. The bill's strict prohibition on any delegation could be viewed as an overly rigid interpretation of the non-delegation doctrine.
While the bill aims to uphold the Constitution, its approach may conflict with established legal precedent regarding the permissible scope of delegation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).