Posted on 11/07/2014 3:47:30 PM PST by amnestynone
The Congressional Review Act of 1996 established expedited (or “fast track”) procedures by which Congress may disapprove a broad range of regulatory rules issued by federal agencies by enacting a joint resolution of disapproval. For initial floor consideration, the Act provides an expedited procedure only in the Senate. (The House would likely consider the measure pursuant to a special rule.) The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must be submitted within 60 days after Congress receives the rule, exclusive of recess periods. Pending action on a disapproval resolution, the rule may go into effect, unless it is a “major rule” on which the President or issuing agency does not waive a delay period of 60 calendar days. If a disapproval resolution is enacted, the rule may not take effect and the agency may issue no substantially similar rule without subsequent statutory authorization. If a rule is disapproved after going into effect, it is “treated as though [it] had never taken effect.” If either house rejects a disapproval resolution, the rule may take effect at once. If the President vetoes the resolution, the rule may not take effect for 30 days of session thereafter, unless the House or Senate votes to sustain the veto. If a session of Congress adjourns sine die less than 60 days of session after receiving a rule, the full 60-day periods for action begin anew on the 15th day of sess
There is already precedence for SCOTUS to overturn executive orders. I don’t know what method was used yet. I think it was 6 times, twice on Truman and 4 times on Roosevelt.
If it’s the oridinary method of file and wait years, then that won’t do. It must be some sort constitutional method of getting immediate attention, or is this undefined ground? I know it happened during Bush vs. Gore, but they just kicked to states high court until they could examine a rendered decision.
The concept and implementation of the “Administrative Agencies” are inconsistent with the Constitution, which gives ALL legislative powers to Congress.
What has happened is that Congress has assumed that they are too stupid to pass laws in certain areas, so they passed vague laws and yielded the remainder of their legislative powers to the agencies to do the research, draft regulations, then become investigators, prosecutors, judges, and executioners to enforce those regulations. There are literally so many criminal offenses defined by those regulations that the Administration cannot enumerate them.
This process is totally out of control. In the last two years, the House passed about 300 proposed laws, of which less than 100 were passed by the Senate and signed by the President. The Administrative Agencies published about 30,000 pages of “rules”.
To get back to sanity, at a minimum, any administrative agency rule should be able to be disapproved by House and Senate Resolution without the President being able to veto the resolution -— after all, his agency proposed the rule. Better Yet, when an agency proposes a rule, unless both House and Senate concur, it does not become law.
We currently have it backwards — the agency proposes a rule, House and Senate can disapprove, but the President can veto the disapproval and it becomes law.
I would require that every federal regulation, before it became enforceable, must be read, in its entirety, before a quorum of each house, twice.
In August.
Without air conditioning.
They need to move the seat of the FedGov to the center of the US. Why should I have to haul rope across 2/3 of the continent?
I would add to that. The regulation would be deemed not effective unless both houses act to pass it within X days.
And I would add to that, no voice votes. Everyone on the record as to whether they support each regulation.
“The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must be submitted within 60 days after Congress receives the rule, exclusive of recess periods.”
So, if I’m reading this correctly, none of the EPA and other so called “rules” put out this year would be able to be axed by a disapproval resolution. However, with Pubbies controlling both the Senate and the House next year, this is something they could use. I suspect that a few of our Legal Eagle Pubbies, such as Gowdy, Sessions and Cruz are aware of this and I hope they intend to use it.
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