Ratcliffe Separation of Powers Restoration Act Opening Statement

Thank you, Chairman. You know, when our founding fathers established this great nation, they instituted a delicate balance of power to ensure a fair and long-standing system of governance. They wisely recognized that if too much power was concentrated in any one branch, the tyranny would soon follow. That's why early in life, every student in America learns about the three co-equal branches of government that our founders intended. And they learned that the Constitution solely tasks Congress as the legislative branch with making the laws. The executive is tasked with enforcing the laws, the judiciary with resolving disagreements about the meaning of these laws. But if we fast forward to 2016, unfortunately, things look very different. There is an uninvited fourth party now on the scene, the unelected bureaucrat working for executive agencies. These bureaucrats take laws passed by Congress, interpret them to mean whatever they want, and use them to issue sweeping regulations under the guise of executing the law. And it's the American people who ultimately lose out by this circumvention of our Constitution. Now Congress is partly to blame. We have delegated too much of our lawmaking authority to federal agencies, allowing the executive branch under both political parties to expand its role. This practice of administrative agencies engaging in de facto lawmaking has been exacerbated by a 1984 Supreme Court case, Chevron v. Natural Resources Defense Council. The so-called Chevron doctrine that ensued says that courts defer to agencies' interpretation of the law as long as they are deemed reasonable. This low bar has given the agencies the liberty to play fast and loose with the laws that have been passed by Congress in order to achieve their own political goals. In the years following the Chevron decision, court deference to agencies has certainly proved to be politically expedient for Republican presidents and Democrat presidents alike. The problem is this has come at the expense of the separation of powers and at the neglect of the boundaries that are set forth in our Constitution. Chevron basically allows agencies to grade their own papers. This is totally unacceptable and it has to be stopped. We have to shift the balance of power back to what is clearly defined in our Constitution. Let me be clear. This isn't a Republican or Democrat issue. This isn't about partisan politics. This is about the three branches of government respecting the lanes of constitutional authority. In Congress, we've had vigorous and often politically charged policy debates on issues ranging from healthcare, education, national security, and federal spending. This bill doesn't address any of those. Instead, it addresses and restores the separation of powers to ensure that these rightful policy debates manifest themselves in laws that follow the confines of the Constitution, not a process that rubber stamps its abuse. Because this is a constitutional issue, it's something that all Americans can agree on. Because when the Constitution is trampled on, America loses. That's why I'm grateful for the opportunity to introduce this bill, the Separation of Powers Restoration Act. This bill clarifies that the judicial branch, not an elected bureaucrat, should settle any disputes about congressional intent. It restores the proper separation of powers that has been eroded by the unintended consequences of the Chevron decision. My colleagues on both sides of the aisle may not always agree with me about agency actions, which are good, which are bad. But if you agree that having three co-equal branches of government is vital and essential to preserving democracy, then you should support this bill. I thank you and yield back.