Congress Should Have to Vote On All Federal Regulations

The idea that the EPA can declare war on coal without Congressional involvement is ridiculous.  The idea that the FCC can regulate the internet like it's a copper wire telephone company, using a law passed in 1934 that does not apply to the internet, is absurd.  The whole idea that Congress can and should delegate its legislative power to unchecked federal regulatory agencies has proved to be utter folly.  But even worse, the president is delegating his power to sign legislation into law to these regulatory agencies.  A two step process to making legislation into law has been delegated to an agency without checks or balances and made into a one step process.  It needs to be changed.

The Constitution should be amended to end the legislative power of regulatory agencies.  Congress should have to vote to approve or reject every regulation. There could be a “fast track” procedure for regulations, that is an up or down vote with no amendments and no filibusters.  There should also be a provision in the Constitutional amendment that any member of Congress can call for a roll call vote on a package of regulations after they have been formally presented to Congress and been waiting 120 days.  Once the privileged motion is made, the vote has to be taken immediately.

The Constitution originally said all legislation had to come from Congress and be signed  by the president.  Veto overrides and pocket vetoes were specified. There is no reason to delegate legislative power to any other agencies with other procedures.  Congress and the president should be responsible for all laws and regulations.

Congress Is Powerless, It Gave All Its Power Away

We need a Constitutional Amendment to force Congress to approve every regulation on an up or down, limited debate, no amendments, recorded vote.  Since Congress avoids responsibility and the Executive Branch loves enacting laws without Congress, this Constitutional Amendment will have to come from a Constitutional Convention called by 2/3 of the states' legislatures.  The Constitution never envisioned regulatory agencies with executive, legislative and judicial functions.  The result is tyranny.  The argument that regulations need expertise does not mean that Congress can't be trusted to approve regulations proposed by the regulatory "experts."  It's their job in Congress to enact laws.  There are no exceptions.  The fact is the Democrats have been able to deadlock Congress on purpose and avoid having to negotiate deals with Congressional Republicans. That's why we now have a choice between Donald Trump and Hillary Clinton.  Congress has no power because it gave it all away.

Original Article:

http://www.wsj.com/articles/a-brave-new-workplace-1468364967

Convention of the States:

http://www.conventionofstates.com/

FCC Emails Show Need For Regulatory Reforms

Recently emails from the Federal Communications Commission discussionhave been released as a result of a freedom of informatio suit.  They show that the FCC changed direction completely after receiving White House instructions.  This incident,  and others like it during Obama's term in office, should force the reevaluation of the entire regulatory structure.  It's clear that as part of the executive branch regulatory agencies will follow presidential orders.  Regulatory agencies have executive, legislative and judicial functions all concentrated in one agency without any separation of powers. The courts are not much of a check on regulators because, by law, courts must defer to the regulators' expertise.  The situation is almost an attractive nuisance for executive branch abuse of power. Even presidents disinclined to misusing regulatory agencies will be tempted by how easy it is to do.

Congress has delegated too much of it's power to regulatory agencies.  It needs to take a lot of it back.  I think it should start by requiring all proposed regulations to get an up or down vote in Congress and be signed by the president.  Also, there should be an automatic expiration date on regulations and regulatory agency authorization laws.  We should not be regulating the internet like it was an 1887 railroad.

Article I reacted to (-may require subscription) http://www.wsj.com/articles/emails-expose-obamanet-1457307020#lf_comment=473067121