Lankford: Judicial Deference Enables Agencies to Usurp Congressional Power
U.S. Sen. James Lankford: Judicial deference enables agencies to usurp Congressional power
BY U.S. SEN. JAMES LANKFORD
“It is emphatically the province and duty of the Judicial Department to say what the law is” declared Chief Justice John Marshall in the landmark case of Marbury v. Madison. For centuries this statement has stood as one of the most famous in American jurisprudence. It was a declaration of the role and duty of the judicial branch within our constitutional structure.
The Constitution provides for three separate and distinct branches of government, each having a “check” on the other, thus allowing, as James Madison wrote, for ambition to “counteract ambition.”
As our government has grown and the issues we face have become more complex, the lines separating the branches have blurred. While it used to be that Americans were subject to federal laws passed by Congress, today the majority of rules that govern their daily lives have been promulgated, interpreted, and administered by federal agencies in the executive branch. So much for “all legislative power shall reside in Congress.”
The regulatory burden on everyday Americans is astounding. Last year, according to the Competitive Enterprise Institute, federal agencies issued nearly 16 regulations for every law passed by Congress, costing businesses an estimated $1.88 trillion in lost economic activity.