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A New Bill Would Rein in Executive Overreach and the Administrative State. But Does Congress Really Want That Power?: New at Reason

The REINS Act is back. Again.

|||Endrias Zewde/Dreamstime.comEndrias Zewde/Dreamstime.comThis week saw the reintroduction of the Regulations from the Executive in Need of Scrutiny (REINS) Act. Sponsored by Sens. Rand Paul (R–Ky.), Chuck Grassley (R–Iowa), Joni Ernst (R–Iowa), Todd Young (R–Ind.), and Ted Cruz (R–Tex.), the REINS Act tackles two major libertarian priorities: reducing burdensome regulations and reining in executive power. By passing it, Congress would reassert its role as a check on both runaway presidents and the administrative state.

As a joint statement released by the senators introducing the bill explains, the bill would require "that Congress affirmatively approve every new 'major rule' proposed by the Executive Branch before it can be enforced on the American people, as opposed to the status quo, where regulations ultimately take effect unless Congress specifically disapproves." (A "major rule" is defined as "a regulation that may result in an economic impact of $100 million or greater each year.")

This would be a welcome change. With active affirmation rather than passive consent, there would be much more scrutiny over the rules imposed on Americans and far fewer regulations would pass muster. Grassley is right when he says that "even when well-intended, government regulations are all too often ineffective, counterproductive or even outright harmful." He's also right that "more needs to be done to reclaim the rightful role of Congress as the lawmaking body of government," writes Corie Whalen in her latest for Reason.

Photo Credit: Endrias Zewde/Dreamstime.com

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