…There has been a lot of speculation in the media about how I will direct the various regulatory agencies as far as lifting burdensome regulations or imposing new ones. I have here in my hand a copy of the U.S. Constitution – the only “deal” ever made between the people of the various states regarding a federal government with any constitutional validity – and it says, “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.”
Now, for many decades, there have been various agencies in the executive branch of the government exercising this legislative power in defiance of the Constitution. We call it “regulation” instead of “legislation” so as to deceive ourselves and others that what the EPA, SEC, or FDA does is not legislating and therefore constitutional. But any government agent writing rules that either prohibit or compel behavior with the force of law is legislating.
If we truly believe government only draws it just powers from the consent of the governed, then surely, we can see that this is a problem. The only place anyone ever consented to the federal government having any power at all was in ratification of the Constitution and its various amendments. And that consent was only obtained with great effort and solemn assurances that the government would not exceed the powers delegated to it.
Nowhere in the Constitution is the president or any member of the executive branch delegated power to legislate. Neither can the Congress simply delegate this power to the executive through legislation. Any alteration in the distribution of powers in the Constitution must be made by constitutional amendment. The sole power granted the executive concerning the legislative process is the veto, which itself can be overridden by Congress with sufficient support among its members.
Therefore, any regulation written by an employee of the executive branch, or anyone else, that is not subsequently passed by the House of Representatives and the Senate, and signed into law by the president, represents rule without the consent of the governed.
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Tom Mullen is the author of It’s the Fed, Stupid and Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty, and the Pursuit of Happiness?
