Congress must find its backbone and regain lawmaking primacy

Published December 21, 2020 12:00pm ET



In our constitutional system, Congress is supposed to make the laws. Yet in today’s federal government, presidents do most of the lawmaking through regulation. That’s why, when the White House changes hands this January, thousands of law-like rules will pivot 180 degrees, affecting every aspect of life. To end these jarring legal shifts and restore crucial safeguards for “We the People,” Congress must regain its footing within our constitutional system.

Although the Constitution vests “all legislative powers” in Congress, that body has “delegated” much of its lawmaking capacity to an alphabet soup’s worth of regulatory agencies under presidential management, collectively known as the “administrative state.” Think: the Equal Employment Opportunity Commission, the Food and Drug Administration, the Occupational Safety and Health Administration, among countless others. Last year, for example, Congress passed about 100 laws, while agencies issued about 3,000 regulations with the force of law.

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