Since the New Deal, Congress has chosen to delegate its legislative power to executive agencies that write regulations, but over the decades, many lawmakers have come to believe this relationship has fallen out of balance, threatening the constitutional order, removing accountability, and damaging the American economy. In the newly convened 115th Congress, bills introduced on the first day of the new session are placing regulatory reform on the agenda.
The Constitution grants “all legislative powers” to the Congress. The practical difficulties of writing the rules for programs such as Social Security led Congress to empower agencies in the executive branch to write regulations that carry out Congress’s legislative purpose. The rules issued by agencies have the force of law.
