Under the Regulations from the Executive in Need of Scrutiny Act (H.R. 26), regulations would require congressional approval before any “major rule” issued by an executive branch agency could go into effect. “Major rules” would include any regulation that would have an annual economic impact of $100 million or more. The intent of the legislation is to rein in the executive branch from usurping legislative powers.
The House passed H.R. 26 on January 5, 2017 by a vote of 237 to 187 (Roll Call 23). We have assigned pluses to the yeas not simply because of the economic impact of the “major rules,” but also because all legislative powers in the Constitution are vested in Congress, not the executive branch. Mandatory rules issued by the executive branch might not be called laws, but they have the same effect as laws, and what they are called does not change the reality.
