Tag Archives: federal bureaucracy

Moving Toward The Country Our Founding Fathers Envisioned

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Under our Constitution, there are three branches of government–Executive, Legislative, and Judicial. Each branch has specific duties. The legislative branch is supposed to make the laws. The legislative branch is held accountable for the laws they make by the election process–the House of Representatives every two years, the Senate every six years. The Founding Fathers did not want an elected Senate–they wanted Senators appointed by the states to make sure the Senators represented their home states. The Seventeenth Amendment, ratified in 1913, began the direct election of Senators. Currently, most of our laws are not laws–they are regulations created by unelected bureaucrats. That was never the intention of the Founding Fathers. It seems as though Congress may be getting ready to reclaim its responsibility.

On May 12, The Association of Mature American Citizens (AMAC) reported the following:

While President Donald Trump has made reining in the unelected federal bureaucracy a top priority of his second term, the Republican Congress has thus far largely failed to get in on the action. But that could be set to change with a new bill that strikes at the heart of the Deep State and runaway executive power.

The Regulations From the Executive In Need of Scrutiny (REINS) Act , which Senator Mike Lee (R-UT) introduced in the Senate earlier this year (Rep. Kat Cammack (R-FL) also introduced a companion version in the House)(H.R.3058) requires that all federal regulations with an economic impact greater than $100 million be passed through Congress. As Politico put it, the REINS Act “would turn Congress into a gatekeeper for certain major rules and allow lawmakers to roll back countless regulations for the remainder of President Donald Trump’s term.” The outlet further described the legislation as a “rule-busting bill” and “rule-shredding proposal.”

While Democrats like Senator Dick Durbin of Illinois have criticized the bill as a “war on regulations” (a criticism that will no doubt read as high praise to conservatives), Republicans argue the REINS Act is a long-overdue check on the power of the unelected bureaucracy to impose regulations that have an enormous impact on the economy. “For those who say it would make a radical change, a radical departure from the status quo of rulemaking, I’d say, ‘Thank heaven above for that,’” Lee said.

The article concludes:

The urgency of addressing regulatory burdens is further highlighted in a 2024 report by the Competitive Enterprise Institute. The conservative think tank found that regulations under the Biden-Harris administration imposed $15,000 in annual costs on the average American household. That’s a serious number, particularly when the median household income is only $80,000 per year.

Congress has an opportunity to lower costs for American consumers and fuel an economic boom by passing the REINS Act – it should seize the chance now.

It would be really great if Congress would pass this bill.

An Update On “WOTUS”

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The American Spectator posted an article today updating the progress President Trump has made in undoing the “Waters of the United States (WOTUS)” rule put in place by the Obama administration. Under the guise of protecting the environment, the rule essentially gives the government control of your property if you have a mud puddle that shows up every Spring. The article notes that undoing something put in place by a federal bureaucracy is harder than reversing the direction of an aircraft carrier.

The article reports:

WOTUS represented one of the great power grabs in government history. By redefining “waters of the U.S.,” Obama-era officials asserted federal authority (virtual ownership) over almost all water in the country — not only large lakes, rivers, and oceans, but also streams, creeks, wetlands, ponds, parking lot puddles, and irrigation ditches. Nothing in the law justified such a broad sweep.

The new rule, released this week, is unfortunately still much broader than the law justifies. The Clean Water Act, which sought to control pollution of the nation’s major waterways, contains the phrase “waters of the U.S.” in 12 places. Of those, nine use the phrase “navigable waters of the U.S.,” and the other three refer specifically to barges and the Gulf Intracoastal Waterway. “Navigable waters” were defined as “waters of the U.S.,” meaning the terms are synonymous. There are no waters of the U.S. that are not navigable. Not in the law.

Nevertheless, the new rule continues to assert federal jurisdiction over waters never intended by Congress. On the plus side, it includes a final definition of what are, and are not, waters of the United States. It specifically disclaims federal jurisdiction over farms, ranches, irrigation ditches, stock ponds, wastewater treatment systems, and rainwater runoff. But in addition to “territorial seas and navigable waters,” the definition still includes “perennial and intermittent tributaries to those waters,” “certain lakes, ponds, and impoundments,” and “wetlands adjacent to jurisdictional waters.”

The article concludes:

Vague definitions lead to abuses, which are far too common in recent years. Most recently, the prosecution of Jack LaPant, whose decision to plant wheat on his California farm — with full approval of the Agriculture Department — resulted in over $5 million in fines. It seems the Corps of Engineers considers topsoil a pollutant. That’s about as nonsensical as an attempt by the EPA a few years ago to declare sunlight a pollutant. In LaPlant’s case, the Corps missed a vitally important detail: Congress specifically exempted “normal farming activities” from federal “jurisdiction.” That clearly includes planting wheat, especially on existing farms where wheat has been grown before.

We understand the natural instinct of all bureaucracies to seek more power. But like most farms, that one has no floating boats, and it is not “navigable water.” The Trump administration inherited the case but has not dismissed it or stopped the prosecution. It turns out that turning the bureaucracy, despite orders from the admiral, is actually much harder than turning an aircraft carrier.

The above story illustrates why we need to re-elect President Trump. Hopefully the WOTUS rule can be revisited so that America’s ability to grow food to feed its people is not impacted.

Who Is Actually Running America?

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Jay Sekulow has published a book entitled, Undemocratic: Rogue, Reckless and Renegade: How the Government is Stealing Democracy One Agency at a Time. The book deals with the fact that unelected federal agencies have formed the fourth branch of our government. These agencies are passing laws that are not going through Congress and are not subject to voter approval.

CBN News posted an article about Jay Sekulow’s new book. The article reports:

Sekulow says that the federal bureaucracy has become the fourth and largest branch of the government, and it’s the only branch not in the U.S. Constitution.

Our federal bureaucracy violates the rights of Americans without accountability. It harasses adoptive parents, denies veterans quality healthcare, discriminates against conservatives and Christians for partisan purposes, and damages our economy with job-killing rules, according to Sekulow.

Americans are bullied by the very institutions established to protect their right to life, liberty, and the pursuit of happiness.

Sekulow claims our nation’s bureaucrats are on an undemocratic power trip. But he and the ACLJ have a plan to fight back.

Electing a new President is not going to stop this unless the new President decides to begin to limit the size and power of the bureaucracy. We are not currently operating as the Founding Fathers intended. Congress was supposed to make the laws and be held accountable for those laws by the voters. It is time to get back to that model. Voters need to again be able to hold their representatives accountable for the laws we all have to live under. It is time for a change.