WASHINGTON – A group of lawmakers, including Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), introduced legislation to restore checks and balances in the federal government by curbing the spread of executive branch power grabs made through agencies’ broad interpretation of congressional intent. The Separation of Powers Restoration Act clarifies that the courts, not agencies, have the authority to independently interpret the law.
“For too long, unelected bureaucrats have relied on Chevron to expand their own authority beyond what Congress ever intended. This has weakened our system of checks and balances and created a recipe for regulatory overreach. The Constitution’s separation of powers makes clear that it is the responsibility of Congress, as the People’s representative, to make the law. And it’s the job of the courts – not the bureaucracy – to interpret the law. This bill helps to reassert those clear lines between the branches. By doing so, it makes the government more accountable to the People and takes a strong step toward reining in the regulators,” Grassley said.
Over time, Congress has relinquished much of its authority to the executive branch by passing vague laws that federal agencies have broadly interpreted in a manner to support their own regulatory goals. The courts, which are charged with interpreting laws and regulations and acting as a check on the executive branch, have adopted obscure legal doctrines and judge-made rules that have weakened their role in ensuring the laws Congress passed are faithfully executed. One of these doctrines, known as Chevron deference, allows courts to defer to an agency’s interpretation of the law—even if it’s an interpretation that the court itself might not have reached. As a result, the balance of powers established by the Founding Fathers has, over time, shifted away from Congress and the courts to the executive branch.
The Separation of Powers Restoration Act simply instructs courts that it’s their job to interpret the law, not the agencies’. By removing the deference courts have granted to the sprawling administrative state, the responsibility will return to Congress to speak clearly and precisely when crafting legislation. This will strengthen government accountability and will reaffirm the system of checks and balances, helping to bring the country back to the system the Founders had in mind from the start.
The bill was introduced by Senator Orrin Hatch (R-Utah), along with Senators Grassley, John Cornyn (R-Texas), Mike Lee (R-Utah), Ted Cruz (R-Texas), Ben Sasse (R-Neb.), Jeff Flake (R-Ariz.), Mike Crapo (R-Idaho), Thom Tillis (R-N.C.), John Kennedy (R-La.) and James Lankford (R-Okla.).
Text of the Senate Bill is available HERE.
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