For far too long Congress has ceded its authority to the executive branch and the regulatory state. Why has so much power shifted from the legislative branch to the executive branch? Because members of Congress have decided to abdicate authority in order to avoid accountability. Less accountability makes re-election much easier.
My former boss, Senator Mike Lee, uses a simple example to illustrate: Members of Congress love to pass bills with inspiring names, such as the “We shall have clean air” act. (Because after all, who is going to vote for dirty air?) Then within the bill Congress transfers all authority to the Environmental Protection Agency, or EPA, to decide what clean air is, what it isn’t, how to comply with the law and what the penalties will be for violations. Further, Congress allows EPA to be the judge, jury and executioner of law. There are no checks and balances for potentially outrageous and overly burdensome regulations or excessive penalties.
When an individual or company is being hurt by these regulations and they rush to a member of Congress for help or relief, the representative can say, “Hey, don’t yell at me, I just voted for clean air. You will have to go complain to the EPA.” Then that individual or company has to go to someone at EPA who is not elected by or accountable to the citizens. When Congress abdicates its policy power to federal bureaucrats, it rarely ends well for the American people.
On the other hand, we also have too many so-called leaders in Washington who are more concerned about maintaining their political power than using their constitutional policy power in conjunction with their power of the purse. Such leaders distract and even discourage the general public with fake fights, false choices and a steady stream of divisive drama. Political power seekers know that if the American people believe that we are too divided as a nation to solve a problem, it gives Congress the excuse to do nothing and the executive branch an excuse to do whatever the president wants through executive order. The result is that power, money and influence stay with Congress, along with the wealthy and well-connected. We need to demand more from Washington.
Congress abdicating policy power and obsessing on political power has weakened the checks and balances within our republic, fostered dysfunction within government, and rightly fueled public frustration toward elected officials. Congress caused this mess, and only Congress can clean it up by reasserting its power and proper role. By putting Congress back in charge of making and funding federal policy, we can once again put the American people back in charge of their government – as it should be.
For Sutherland Institute, this is Boyd Matheson. Thanks for engaging – because principle matters.
This post is an edited transcript of Principle Matters, a weekly radio commentary broadcast on several radio stations across the country. The podcast can be found below.
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