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View Full Version : the Reins Act: congress taking power back from agencies?



revelarts
06-29-2012, 11:02 AM
Basically it's a law that proposes that that no agency can create a regulation that effects a large amount of people and dollars without it 1st coming through congress and being made law.

the constitution already does that but the sad state ofaffairs has prompted some to make up this new bill to get the gov't to obey the constitution a little bit, "at least on the big ones"

pitiful but a step in the right direction i suppose.

http://geoffdavis.house.gov/reins/about.htm

About the REINS Act
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“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” – U.S. Constitution, Article 1, Section 1
Excessive delegation of Congress’ constitutional responsibility for making the law of the land to the Executive Branch has created a lack of accountability in Congress for many of the most burdensome federal regulations.

Although this trend is not new, allowing major decisions to be made by unelected, unaccountable bureaucrats is not consistent with the constitutional responsibilities of our representative government.
To restore Congressional accountability for the regulatory process, Congressman Geoff Davis [KY-04] introduced the Regulations from the Executive in Need of Scrutiny (REINS) Act. The REINS Act would require Congress to take an up-or-down, stand-alone vote, and for the President to sign-off on all new major rules before they can be enforced on the American people, job-creating small businesses, or State and local governments.
Major rules are those that have an annual economic impact of $100 million or more. Last year, 100 major rules were finalized by the Executive Branch.
A recent study commissioned by the Small Business Administration found that annual regulatory compliance costs in the United States hit $1.75 trillion in 2008. A staggering figure that exceeds the total collected from income taxes that year ($1.449 trillion).
Not all regulations are bad; many provide important public safeguards. However, when a proposed regulation could have an impact in the hundreds of millions or even billions of dollars on our economy, it should be subject to the review by the elected representatives of the people.
The REINS Act is about improving the regulatory process. If the REINS Act becomes law, Members of Congress will be accountable to their constituents on the question of whether a new regulation is truly needed, or is an unnecessary burden. This will encourage Congress and agencies to work together to develop and pass regulations that implement the original intent of laws.
Furthermore, the REINS Act would prevent Administrations from either party from bypassing Congress to implement a political agenda through regulation.
The REINS Act is a commonsense reform that will increase congressional accountability, improve the regulatory process, and protect the American people from further unnecessary regulatory burdens on our economy.


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ConHog
06-29-2012, 11:10 AM
Basically it's a law that proposes that that no agency can create a regulation that effects a large amount of people and dollars without it 1st coming through congress and being made law.

the constitution already does that but the sad state ofaffairs has prompted some to make up this new bill to get the gov't to obey the constitution a little bit, "at least on the big ones"

pitiful but a step in the right direction i suppose.

http://geoffdavis.house.gov/reins/about.htm

Psst, powers vested in Congress doesn't mean they can't delegate. So if they are allowing an agency to do something that isn't the agency being unconstitutional, that is Congress delegating or do you propose that every single decision of every single agency should be ran through Congress?

And yes, that does mean Congress has the power to tell agencies they can't do something.

This bill is political nonsense and nothing more.

fj1200
06-29-2012, 11:45 AM
This bill is political nonsense and nothing more.

Nonsense because it'll never happen but not nonsense in that Congress should not delegate to the executive too much power.

ConHog
06-29-2012, 11:57 AM
Nonsense because it'll never happen but not nonsense in that Congress should not delegate to the executive too much power.

Agreed, but who the hell actually believes Congress needs a law telling them not to delegate away their powers?

revelarts
06-29-2012, 12:03 PM
are you guys blind c'mon.

Look, do you think that in setting up any of these agencies that non leftist congress folk intended to cede the amount of power the agencies wield?

ConHog
06-29-2012, 12:09 PM
are you guys blind c'mon.

Look, do you think that in setting up any of these agencies that non leftist congress folk intended to cede the amount of power the agencies wield?

Rev, come on, You're smarter than this.

EPA constitutional ( I know you disagree, but for the sake of argument..........) Now, I get what you're saying. The EPA shouldn't be setting policy, they should only be enforcing it, but they didn't take that power, Congress GAVE it to them, and they can damn well take it away from them without some splashy bill with a fancy name.

That is all I'm saying. I make no argument about whether so many agencies are necessary. I have made that argument (on the side of no they aren't) but not here.

fj1200
06-29-2012, 12:36 PM
I believe the EPA already has some cost guidelines in setting regulations.

Congressionally given ones.

ConHog
06-29-2012, 12:55 PM
I believe the EPA already has some cost guidelines in setting regulations.

Congressionally given ones.

What? Congress can control the EPA without a bill which specifically says "Congress can control the EPA?"

SassyLady
06-30-2012, 01:46 AM
Yes, I think it's a good idea to start a process that will hold Congress accountable for the powers they delegate. They are so busy campaigning for the next election that they have delegated away their responsibilities.

The Obamacare law is a prime example of Congress delegating away their responsibility to not only write the law, but to read it and know what is in it before they pass it. If they are unwilling to do that as part of their job, then there needs to be a law to hold them accountable for the consequences of not paying attention.

Kathianne
06-30-2012, 02:07 AM
I could be wrong here SL, but seems to me that health care legislation was delegated from executive to legislative?

Little-Acorn
06-30-2012, 01:07 PM
The Framers originally set up our government so that ALL laws had to go through one agency: Congress, with its two houses that EACH must approve a bill.

They could have set up five Congresses: One for taxing, one for spending, one for domestic affairs, one for foreign, and one for whatever the hell else the Framers thought would be a good idea. That would be more "efficient", and would help the govt make more laws.

And that's one of the primary reasons they did NOT do it that way.

The Framers believed that society would get along better, with fewer laws - that we only needed the most important ones. The hoped that a Congress so limited in manpower (remember all laws had to be hand-written back then) would concentrate only on really basic and important things, and leave the rest for people to work out on their own.

This was one of the cores of our freedoms: The fact that Congress would be UNABLE to do very much to restrict us.

If they could see it now...... >:-O

ConHog
06-30-2012, 03:24 PM
The Framers originally set up our government so that ALL laws had to go through one agency: Congress, with its two houses that EACH must approve a bill.

They could have set up five Congresses: One for taxing, one for spending, one for domestic affairs, one for foreign, and one for whatever the hell else the Framers thought would be a good idea. That would be more "efficient", and would help the govt make more laws.

And that's one of the primary reasons they did NOT do it that way.

The Framers believed that society would get along better, with fewer laws - that we only needed the most important ones. The hoped that a Congress so limited in manpower (remember all laws had to be hand-written back then) would concentrate only on really basic and important things, and leave the rest for people to work out on their own.

This was one of the cores of our freedoms: The fact that Congress would be UNABLE to do very much to restrict us.

If they could see it now...... >:-O

You soeak truth there. But saying congress itself must write all rules and or laws wont solve that issue. Look at obamacare for example that bill is longer than the entire cotus, and solves nothing to boot

Kathianne
07-01-2012, 12:25 AM
You soeak truth there. But saying congress itself must write all rules and or laws wont solve that issue. Look at obamacare for example that bill is longer than the entire cotus, and solves nothing to boot

Yeah, slightly longer.

fj1200
07-02-2012, 07:21 AM
Yes, I think it's a good idea to start a process that will hold Congress accountable for the powers they delegate. They are so busy campaigning for the next election that they have delegated away their responsibilities.

The Obamacare law is a prime example of Congress delegating away their responsibility to not only write the law, but to read it and know what is in it before they pass it. If they are unwilling to do that as part of their job, then there needs to be a law to hold them accountable for the consequences of not paying attention.

They began delegating long before perpetual campaign mode kicked in but I agree that they have delegated too much to the executive but worse is the delegation to regulators. As in "the Secretary will determine..." rather than actual rules being written. You would think 2000 pages in the HC bill and they'd be able to get a few actual rules in.