Congressional oversight
Of executive orders. If passed, I doubt it would ever be used.
Remember, I do this to entertain me, not you.
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December 13th, 2011 at 10:09 am
Since my comments at that site don’t always get approved for some reason I’ll repeat myself here:
I’m trying to see how this would be unconstitutional, and not getting it.
All these regulatory agencies’ powers are delegated by Congress in the first place, and can be revoked by Congress – in part or in whole – at any time. If Congress chooses to give themselves an extra layer of oversight over these agencies, that is well within their power.
Executive Orders have no Constitutional authority in the first place. The President cannot simply declare laws or regulations without the consent of Congress, and if Congress chooses to take an active role in that process that is both their right and their job. If the President objects to this, he can challenge it in the courts – which are there to act as a check on both the Executive and the Legislature.
December 13th, 2011 at 11:51 am
Its unconstitutional because Congress can’t legislate by itself, Presentment clause. Congress can only make law or unmake law by adopting a bill and presenting it to the President for signature. There can be no Congressional veto on executive action – I think the case is Chandra vs. INS – pretty black letter Constitutional law.
December 13th, 2011 at 12:36 pm
This would be neither making nor unmaking law, because neither executive orders nor regulations are actually laws.
This would not be a “Congressional veto on executive action”, it would be Congress reclaiming powers it has delegated to the executive.
December 13th, 2011 at 8:55 pm
SPQR: Executive Orders simply order the ‘crats to submit new regs to the Federal Register.
Congress can, at will, refuse to allow anything published in the Federal Register to become law. That register is merely a time-saving action by congress. They can stop using it at any time.
The ability of bureaucrats to create new regulation is under the complete control of Congress. This act merely codifies this. If Congress objects, then the Register gets purged, wholesale, and spending gets de-authorized, which is entirely within the power of Congress.