Limiting Regulatory Authority

Strengthening Legislative and Judicial Checks Against Regulatory Overreach

The Founding Fathers specifically designed the United States government with three co-equal branches as a check against tyranny. The interdependence of the Legislative, Executive, and Judicial branches was carefully crafted to protect and empower The People.

For nearly 250 years, this delicate balance has been a lynchpin leading to unprecedented prosperity and wealth for the world’s leading superpower.

Sadly, our unique framework has been eroded over time. Freedom and prosperity have been crowded out by mountains of red tape and the compounding costs of legal compliance.

Job creators and innovators are discouraged, left wondering why they ever thought they could achieve their American Dream. It’s time to give them a voice–and a chance.

These three policies would reinforce checks and balances, helping lawmakers to remain strong in defense of liberty.

1. No Regulation Without Delegation: Executive branch agencies cannot create regulations unless the state legislature has explicitly delegated that authority.
2. Legislative Approval: Bureaucratic agencies cannot create new regulations unless the state legislature has legally given them permission to do so. 
3. Strengthening Judicial Review: Judges should not defer to an agency’s interpretation of the laws that inform its regulations. Instead, when regulations are contested in court, judges must interpret the law independently, verify whether agencies have legal authority, and overturn unlawful regulations.

With a healthy balance of power restored, entrepreneurs will be free to flourish–and the system will work once again as our Founders intended.