WASHINGTON – A bicameral group of lawmakers, including Senate Judiciary Committee Chairman Chuck Grassley, yesterday introduced legislation to curb executive power grabs made through agencies’ broad interpretation of congressional intent. The Separation of Powers Restoration Act clarifies that the courts, not agencies, have the authority to independently interpret the law.
“Regulators have taken advantage of the courts’ deference under Chevron to shoehorn the law into their own political agenda, expanding their authority well beyond congressional intent. But the Constitution’s separation of powers makes clear that it is the responsibility of the courts – not the bureaucracy – to interpret the law. And they should do so independently. This bill reasserts the clear lines between the courts’ role in interpreting the law, and the executive branch’s role in enforcing the law. By doing so, it takes a strong step toward reining in the regulators,” Grassley said.
Over time, Congress has relinquished much of its authority to the executive branch through passing vague laws that federal agencies have interpreted in a manner to support their own regulatory goals. The courts, which are charged with interpreting laws and regulations and acting as a check on the executive branch, have adopted obscure legal doctrines and judge-made rules that have weakened their role in ensuring the laws Congress passed are faithfully executed. One of these doctrines, in particular, known as Chevron deference, allows courts to defer to an agency’s interpretation of the law—even if it’s an interpretation that the court itself might not have reached. As a result, the balance of powers established by the Founding Fathers continues to shift away from Congress and the courts to the executive branch.
The Separation of Powers Restoration Act simply instructs courts that it’s their job to interpret the law, not the agencies’. By removing the deference courts have granted to agencies, the responsibility will return to Congress to speak clearly and precisely when crafting legislation. And where Congress does not set specific policy, agencies can no longer get away with “filling in the blanks” to advance their regulatory regime. This will strengthen government accountability and will reaffirm the system of checks and balances, helping to bring the country back to the system the Founders had in mind from the start.
The bill was introduced by Senator Orrin Hatch, along with Senators Chuck Grassley, Mike Lee, James Lankford, Jeff Flake, Jim Inhofe, Thom Tillis, Ted Cruz, John Cornyn, Ben Sasse, Dan Sullivan and David Perdue. Companion legislation was also introduced this week in the House of Representatives.
Text of the Senate Bill is available HERE.
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