Congress's "Write the Laws Act" Could Grind Government to a Halt, Open Floodgates for Lawsuits

The "Write the Laws Act," introduced to reinforce the separation of powers, aims to prevent Congress from handing off its law-making duties to administrative agencies. Essentially, the bill says that if Congress hasn't explicitly defined every detail of a criminal or civil offense, or any regulation affecting the public, then that regulation has no legal weight. This could throw a massive wrench into how the government operates.

Rewriting the Rulebook

The core of the bill (Section 4) amends Title 1 of the U.S. Code, adding a new chapter all about the separation of powers. It defines "delegation of legislative powers" very broadly, essentially saying that agencies can't create or clarify any rules that impact the public unless those rules are spelled out, word-for-word, in an Act of Congress. The Executive branch can still make factual findings to determine when a law is implemented, but they can't fill in any of the blanks. This impacts everything from environmental regulations to workplace safety standards.

For example, if a law says "companies must reduce pollution," the agency can't define how much pollution reduction is required or what methods companies must use. Congress has to spell it all out. If a current regulation on, say, water quality standards for farms, was created under a broader delegation of power, it could be challenged. The farmer could argue they shouldn't have to follow it because Congress didn't lay out the exact standards in the original law. This is just one example of how this bill could create massive legal uncertainty.

Lawsuits Galore and a Congressional Bottleneck

The bill also has a provision (Section 4) that allows anyone "harmed" by an action taken under a law that violates this non-delegation principle to sue the government. And, the court has to review the case "de novo" – meaning from scratch, without deferring to the agency's interpretation. This could open the floodgates for lawsuits challenging all sorts of existing regulations. Businesses, individuals, and special interest groups could tie up agencies in court for years, arguing that Congress didn't sufficiently detail a particular rule.

Furthermore, the Comptroller General has six months (Section 4) to identify every existing law that might violate this new rule. This means Congress would have to revisit and rewrite potentially hundreds of laws, creating a massive legislative backlog. Think about it: Congress already struggles to pass major legislation. Now imagine them having to micromanage every detail of every regulation currently handled by agencies. It could bring the legislative process to a crawl.

The Big Picture: Good Intentions, Potentially Chaotic Outcomes

While the bill's stated goal (Section 3) is to uphold the Constitution and prevent "tyranny" by unelected bureaucrats, the practical effect could be widespread disruption. It tries to fix the problem of broad agency power, but it does so with a sledgehammer instead of a scalpel. The bill's broad definition of "delegation" and the "de novo" review standard could lead to a legal and logistical nightmare, impacting everything from environmental protection to consumer safety. It effectively shifts a huge amount of power back to Congress, but it's unclear if Congress is equipped to handle it, or if this shift will actually serve the public good in the long run. The bill could be seen as a way for certain industries, like Real Estate and Securities & Investment, which are top donors to the bill's sponsor, to get out from under regulations they don't like. It's a high-stakes gamble with the functioning of the federal government.