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Congress Begins to Reclaim Power from the Administrative State

by Alexandra DeSanctis April 3, 2017

Using the previously obscure Congressional Review Act, legislators are restoring Constitutional federalism and correcting overreaching executive-branch regulations.

The Senate voted last week to overturn a Department of Health and Human Services rule regarding state disbursement of Title X funding. In addition to providing a much-needed restoration of federalism, the vote served as the latest example of the 115th Congress’s willingness to use a little-known provision, — the Congressional Review Act (CRA), — to undo overreaching regulations enacted by the Obama administration. Early in this session, congressional Republicans announced their intention to use the CRA to reverse a number of Obama-era regulations that had been in place since the middle of last year.


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Congress’s newfound desire to utilize the CRA is a victory both for state power and the rights of citizens. Though Congress could surely pass resolutions under this bill undoing federal regulations that conservatives favor, the bill itself is inherently conservative in principle. It allocates authority to the legislative branch in accordance with the Constitution, permitting the representatives of the people to check the power of unelected bureaucrats who all too often impose their will through undemocratic regulation, subverting the electorate’s will and tearing at the fabric of our republic.


Read more at National Review


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