“My constituents are tired of unelected federal bureaucrats writing laws that affect their lives and livelihood under the guise of regulation. This behavior is a threat to our freedom. This bill restores the constitutional checks and balances by reining in federal agencies and restoring Congress’s preeminent role in writing our nation’s laws."
For too long federal agencies have exceeded the scope of their authority and adversely impacted American families and businesses. U.S. Congressman Kevin Brady issued the following statement following the passage of H.R. 4768: The Separation of Powers Restoration Act (SOPRA) of 2016.
“My constituents are tired of unelected federal bureaucrats writing laws that affect their lives and livelihood under the guise of regulation. This behavior is a threat to our freedom. This bill restores the constitutional checks and balances by reining in federal agencies and restoring Congress’s preeminent role in writing our nation’s laws."
BACKGROUND: Texas Congressman John Ratcliffe’s bill, H.R. 4768, overturns a 1984 U.S. Supreme Court decision that courts should, in many cases, defer to administrative agencies’ interpretations of “ambiguous” statutes written by Congress. Instead of further emboldening federal bureaucracy, the bill amends the Administrative Procedure Act (APA) to require courts conduct a “de novo” – or new – review of all relevant questions of law. Leaving such interpretation up to federal bureaucrats has led to attempts to regulate everything from light bulbs to ponds and ditches.
The Senate version of the bill was introduced by Sen. Orrin Hatch (R-Utah), Senate Judiciary Chairman Chuck Grassley (R-Iowa) and Senator Mike Lee (R-Utah), and is co-sponsored by both Texas senators.
