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Senator Mike Lee’s plan to make Congress more powerful
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Senator Mike Lee’s plan to make Congress more powerful

Senator Mike Lee says he has two stacks of paper on his desk in Washington, DC.

One stack is a few feet high, about 5,000 pages, give or take, of laws passed by Congress over the last year. The other stack, he says, is 13 feet high, with 100,000 pages of federal rules, regulations and executive orders from the Federal Register.

Published daily, the registry tracks government regulations, as well as proposed rules and special notices.

“Laws promulgated as rules and regulations by agencies of the executive branch exceed, outnumber — more burdensome, in every conceivable way — than those passed by Congress,” Lee said. “There is a problem with this.”

He discussed his plan to make Congress more powerful at the University of Utah’s Hinckley Political Institute on Monday. The event was the latest in the Sutherland Institute’s Congressional 2024 Series, a series of conversations with Utah’s congressional delegation.

The Sutherland Institute is a Salt Lake City-based think tank whose goal is to promote “principled public policies that promote the constitutional values ​​of faith, family, and liberty.”

Lee said the executive branch of the federal government has gradually consolidated its power over the decades, encroaching on Congress’ constitutional legislative power. Rules and regulations developed by executive branch “alphabet soup agencies” like the EPA, Lee said, effectively become law, which bypasses Congress.

Members of Congress are frequently held accountable by Americans, he said, during elections. On the other hand, he believes that it is dangerous to give legislative powers “to a part of the executive branch led by unelected, unicameral, anonymous and faceless bureaucrats”.

And this Congress has been one of the least productive in recent history, the Washington State Standard reported, with hundreds fewer bills passing than previous sessions. An election year, bitter partisanship and party infighting have thwarted productivity at the nation’s Capitol, according to the Standard.

Lee praised the U.S. Supreme Court’s overturning of the Chevron Doctrine in June — which undermined the regulatory power of federal agencies — but added that it didn’t go far enough.

Adopting the Executive in Need of Scrutiny (REINS) Act regulations, he said, is the solution.

The REINS Act, of which Lee is a co-sponsor, would require Congress to approve federal agencies’ “major rules” before they can take effect. “Major rules,” according to the bill, impact the economy by $100 million or more each year, cause significant price increases or harm competition.

“This could effectively restore the primacy of Congress as the legislative branch,” he said, ensuring that the House of Representatives and the Senate have the final say.

Critics of the bill say it would allow Congress to repeal important regulations — like those that limit harmful chemicals in food or set workplace safety standards — which would ultimately , would be a boon for large industries and businesses.

Opponents also argue that the bill is time-consuming and redundant, since federal agencies are already studying the rules.

Lee said the REINS Act would restore the balance of power between the three branches of government and perhaps inspire a return to federalism.

“I think there will be a new discussion,” he said. “Do we really need to exercise federal authority over all aspects of this matter?

“Maybe some of that should go back to the United States,” Lee argued.

His comments echo Utah’s argument in a recently announced lawsuit against the Bureau of Land Management. The state wants millions of acres of public land to be placed under its control rather than that of the federal government.

When this lawsuit was announced, Lee said in a statement that it was an “excellent step forward.”

“The federal government controls too much of Utah (and other Western states), preventing access to resources, recreation, housing and economic development,” he added. “Utah belongs to Utahns.”