Watch: How judges can rein in government regulations

Federal agencies are acting like lawmakers, using authority granted to them by both the United States Congress and the President to make regulations of their own, without facing the voters. This has led to many abuses of power. If elected branches acted this radically, judges would have stepped in to stop them.

The Heritage Foundation held an event with author Peter Wallison to discuss his book, Judicial Fortitude: The Last Chance to Rein in the Administrative State. During his lecture, Peter urged the judiciary to defend the constitution by standing up to the federal bureaucracy.

Heritage is committed to restoring limited, constitutional government, and that starts by limiting federal bureaucracy. Thank you for allowing us to stand up for our founding principles.

Which branch of the government is best suited to rein in federal regulations?

William Coates - November 16, 2018

The executive branch, because that’s where the agencies are. The President through executive orders is responsible for limiting, or not, their activities even if the staff want to grab the ball and run with it as the EPA has done.
The legislative branch is suspect because of their dependence on campaign contributors, most of whom have very specific agendas.
The judicial branch tends to duck issues and make narrow rulings, rather than tackling the basic constitutional and practical principles.

Elmer Werth - November 16, 2018

The Judicial branch should have the power to restrain czars from legislating new rules and limit them to enforcing laws passed by congress.

James E. Kinnu - November 16, 2018

In my opinion. it takes all three branches of Government to rein in regulations (i.e. the executive, the Legislative and the Judicial. Each has a role but the one that has really let the people down the most is the Legislative. they should be required to review & approve new regulations before they are issued by the cognizant committees in both Houses BEFORE the regulation is released.

James E. Kinnu - November 16, 2018

See previous comment re this question.

Kenneth David - November 16, 2018

Executive Branch. As the various departments can do what Trump is having them do, removing multiple onerous regulations for each single new one.
Ken David

EDWARD H MADISON - November 16, 2018

YOU SURE AS THE DEVIL DON’T WANT A DEMOCRAT IN THERE TO SCREW THINGS UP AGAIN!

Tom Lanners - November 16, 2018

Unfortunately the Executive branch. The Legislative branch, i.e. Congress, has abdicated most of it’s authority to all the three letter unelected bureaucratic agencies. Most if not all should be eliminated. Since in Government that’s almost impossible, the President has to rein them in with Executive orders. The problem with those, of course, is they can all be reversed by the next President. It really should be the responsibility of Congress, if they weren’t so gutless.

Fran Natale - November 16, 2018

Executive order because if each regulation was subject to approval by Congress it would be tied up so long nothing would get accomplished. Unfortunately when Obama was in office he weilded his pen of power and passed so many regulations it strangled businesses, farming and much more. But that works both ways so Trump has been able to deregulate and get rid of dozens of them, helping our economy

Leo Caissie - November 16, 2018

Selma S. - November 16, 2018

The Deep State Swamp is very entrenched and must be dealt with using any means available. Since they have no scruples, we must beat them on their own playing field.

Robert S Gianino - November 16, 2018

Congress. They’re the ones who ceded legislative authority to Federal bureaucrats. They’re the only ones who can permanently take it back.

Charles H King Jr - November 17, 2018

I think that the President has a great responsibility to rein in the agencies on their issuance of regulations.After all they are a part of the executive branch of the government.
If necessary the judiciary has to clean up the mess that the agency creates by over extending their authority. This process takes entirely too long and should not be depended upon to correct misconduct/illegal actions on the part of the executive agencies. Come on President Trump rein in your cabinet/department secretaries.

Alva J Lund - November 17, 2018

The Education Department does more harm than good, and should be abolished.

John S. Thomas - November 17, 2018

The regulatory system is a congressional cop out, an abortion of the intent of the Constitution by defering to the executive branch to write the laws. The best cure is this: every regulation should be time-limited; that is automatically expiring in say five years unless confirmed by congress.

H J Raehn - November 17, 2018

I believe that, during the Great Depression while the nation was paralyzed, Congress turned over the reins of governing the nation to President Roosevelt, setting a precedent for the executive branch of government that has not only existed since then, but has grown exponentially regardless of who is president or which party influences Congress the most. President Trump is on the right track to reduce executive branch regulations that tend to favor some constituencies over others and to mandate a 5% reduction in spending. I believe Congress must take on the constitutional responsibility of writing legislation that includes appropriate regulations and not to let the executive branch do so. Thankfully, President Trump’s selections to the federal courts may prove to be a bulwark going forward against so many unproductive regulations.

E. Annette Green - November 17, 2018

Republicans

BOBBY E. RICHARDSON - November 18, 2018

THE EXECUTIVE BRANCH.

BOBBY E. RICHARDSON - November 18, 2018

THE EXECUTIVE BRANCH

David - November 18, 2018

Executive – Should by order eliminate all regulations passed by Federal agencies, then tell the Legislative branch that they are from that day forward responsible for any further regulations passed by said agencies. Any agency head not enforcing the Executive order should be summarily fired. Draconian? Yes! Effective? Certainly!

Lawrence B. Campbelll - November 19, 2018

The three branches of government were designed to have separate functions that work in tandem to offer the best and fairest government to the citizens it is to serve..With that guideline in mind, it is up to Congress to appoint Judges that are committed to interpret law rather than to create laws from the bench.
On another note, while I agree that Clair Booth was a wonderful example of an American I would like to offer another women that gave as much to America as any Patriot in history without the loss of her life. That would be Jean Kirtpatrick. In my opinion there has never been a stronger Ambassador in the United Nations than her. I would like to see Heritage honors past conservatives and Patriot like her.

Henry Vance - November 24, 2018

The Judicial branch. They make laws that govern how regulations are made and for what reason they are made. I have had experiences with federal regulations and rules in the business side and know that many regulations are as wordy as politician’s speeches and some are not as good as the speeches.

Donation & Membership Information

Join hundreds of thousands of conservatives as a member of The Heritage Foundation with your contribution.

Contact the membership office:
(800) 546-2843 or