Restoring Constitutional Separation of Powers

Our founding fathers designed the American government with a key aspect to ensure a system of checks and balances between the three branches of government: separation of powers.

But since the Supreme Court decision in Chevron, U.S.A, Inc. v. Natural Resources Defense Council, Inc., courts have been required to defer to federal agencies’ interpretations of statutes as long as they are “reasonable” – even if they’re wrong.

Known as Chevron deference, this allows agencies to interpret statutes and rules in a way that expands their authority, as well as pass rules that become like laws, increasing the power of the administrative state by assuming powers from the Supreme Court and Congress. 

Last month, the Supreme Court announced they would take up a case, Loper Bright Enterprises v. Raimondo, that would assess the constitutionality of Chevron deference.
The courts act as an important check on the powers of federal agencies – especially since the federal agents making these decisions aren’t elected by or directly accountable to the American people. We can’t let agencies assume the role of the courts and expand their power unchecked. 

H.R. 288, the Separation of Powers Restoration Act, sponsored by Rep. Scott Fitzgerald, restores proper constitutional separation of powers by amending the Administrative Procedure Act to override Chevron deference and require courts to decide disputes over interpretation of statutory text. 

Agencies can’t be allowed to run free without any checks on their power – we’ve already seen how frequently federal agencies abuse their authority. House Republicans will continue to fight to restore our government to the way the Founding Fathers intended.