The authors of our Constitution would be astonished at the arrogance and growing power of 21st century federal regulators. In his State of the Union address, though, President Barack Obama told Americans he essentially would rule by regulation.
But states can act to rein in federal abuse of power, and Republican Gov. Mike Pence has signed a “10th Amendment” law to restore his state’s rightful constitutional role. Further, there is growing support among state leaders for a “Regulation Freedom Amendment” to require that Congress approve major new federal regulations. The effort is led by a founder of the Federalist Society, former Indiana Rep. David McIntosh, a Republican, and two former governors, George Allen of Virginia, a Democrat, and Bob Ehrlich of Maryland, a Republican.
The Regulation Freedom Amendment would empower one- quarter of the members of the U.S. House or Senate to require that Congress review and approve any proposed regulation before it could go into effect. The Regulation Freedom amendment is similar to a measure proposed by Indiana Rep. Todd Young, a Republican, that passed the U.S. House with bipartisan support. But the Senate is not likely to allow a vote, and Obama would be unlikely to sign it.