In an effort to make government more accountable, U.S. Sens. Orrin Hatch (R-UT) and Thom Tillis (R-NC) last week introduced legislation to ensure the interpretation of federal rules and regulations remained with the court system rather than federal agencies.
The Separation of Powers Restoration Act (SOPRA) would amend Section 706 of the Administrative Procedure Act to make clear that federal courts are responsible for interpreting statutes, regulations and other questions of law — not administrative agencies.
“Our Constitution clearly sets up three separate branches of government that have designated powers to check one another,” Hatch said. “This important balance of power is essential to our country’s freedom. Administrative agencies, however, have continuously eroded that balance of power by subjecting the courts to judicial deference, allowing the federal bureaucracy to impose expensive and often unnecessary rules that strain family budgets and impede our ability to create jobs.”
In 1987, the U.S. Supreme Court found in Chevron USA v. Natural Resources Defense Council that courts should defer to federal agencies in interpreting “ambiguous” statutes if those interpretations are found to be “reasonable.” Today, regulatory burdens cost the U.S. economy an estimated $1.88 trillion per year, the Competitive Enterprise Institute reports.
“One of the biggest challenges facing our nation is a large and cumbersome regulatory environment that negatively affects hardworking American families and business, and impedes our nation’s economic growth and potential,” Tillis said. “I am proud to join this legislation that takes the necessary steps to hold unelected bureaucrats and regulators accountable by restoring the proper separation of powers.”
Lawmakers said administrative agencies have steadily accumulated power in recent years, a development that is seen as supplanting legislation and judicial review as the main method by which governance occurs at the federal level.
“Our bill fortifies regulatory accountability by restoring the constitutional responsibility of the courts to check and restrain federal regulators,” Hatch added.