Congress has more power than we thought to roll back federal regulations

Last updated on: February 2, 2017 at 9:58 am by Mark Meckler

Congress has more power than we thought to roll back federal regulations 2017-02-02T09:58:48-06:00 Mark Meckler

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Any time an oversized government can be scaled back, that’s a good thing. And when it can be done without a lot of red tape, that’s even better.

Congress has the power to cut back President Obama’s endless flow of regulations thanks to the Congressional Review Act (CRA). This law allows Congress to “easily undo any regulations that have been published in the Federal Register in the last 60 legislative days. That means anything back through June 13,” states the Washington Examiner.

So far, congressional Republicans are set to repeal at least five “relatively obscure rules” but anticipate going after “several more high-profile ones” in the coming months, according to the report. But here’s something most of us didn’t realize, even most members of Congress, that gives our elected leaders bigger scissors to cut through the bloat.

It all hinges on the 60-day portion of the rule. That time limit starts at the moment the law is voted in OR when Congress is alerted with a report. In other words, if a report isn’t sent to the House, Congress isn’t restricted by time for a repeal and the 60-day timer would start at the point when a report is ordered, giving Congress plenty of time to throw out the law.

Wall Street Journal reporter Kimberley Strassel explains:

“There was always intended to be consequences if agencies didn’t deliver these reports,” [the Pacific Legal Foundation’s Todd] Gaziano tells me. “And while some Obama agencies may have been better at sending reports, others, through incompetence or spite, likely didn’t.” Bottom line: There are rules for which there are no reports. And if the Trump administration were now to submit those reports—for rules implemented long ago—Congress would be free to vote the regulations down.

In theory, legislation that was enacted at the beginning of the Obama administration (or even further back?) but never issued in an official report could be placed on the chopping block. That’s a lobbed softball waiting to be knocked out of the park if Congress is paying attention.

The best part is, if a future Democrat president tried to restore a law even remotely similar to one that had been repealed under the CRA, the courts would almost certainly rule against.

The ultimate hope for reining in the federal government still lies with a Convention of States, but this is a great place to start.

H/T Instapundit

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