House votes to curb executive branch rulemaking authority

The House voted Tuesday to pass legislation that would restore the power of the judicial branch to interpret federal rules and regulations, rather than deferring to the executive branch.

Republicans introduced the Separation of Powers Restoration Act in response to what they believe has been improper interpretation of rules and regulations by the Obama administration in order to advance its agenda on immigration, the environment and other issues.

The bill passed by a vote of 240-171.

“This is reform that we must make reality for the good of the people,” House Judiciary Committee Chairman Bob Goodlatte, R-Va., said during debate on the measure.

The bill, Goodlatte said, “takes square aim” at a 1984 Supreme Court decision that gave deference to federal government agencies when they create new rules and regulations.

Democrats opposed the bill, arguing it would usurp the authority of Congress and undermine the expertise of administration officials who make important rules, such as food safety regulations.

“Administrative law is not perfect,” said Rep. Hank Johnson, D-Ga. “But this bill tilts too strongly in favor of judicial power at the expense of the other two branches. The likely outcome of enacting this unwise proposal would be more power in the hands of a single branch of government that is unelected and unaccountable to the people.”

Goodlatte said the administration is guilty of “self-serving and often politicized interpretations” of rules and regulations, including new regulations for limiting coal plants emissions and water pollution.

Related Content