As leaders of America's energy industry know, Federal regulators are out of control. Regulators appointed by the current Administration believe they can re-write decades old laws in ways that were never intended by Congress.
As Daniel Henninger wrote in the Wall Street Journal. "The central feature of Mr. Obama’s rewrite of what one might call the Founding Fathers’ original vision has been to abolish Congress."
Prospects for a Hillary Clinton administration are even worse. Candidate Clinton has promised to be even more aggressive than President Obama in using her regulatory power to rule without the consent of Congress.
This fall each voters should ask themselves the following question:
Do you trust bureaucrats in Washington and want to give them even more power?
Or do you want more checks and balances on the abuse of federal power.
Overwhelmingly, Americans want more checks and balances, especially on abuses of power by un-elected bureaucrats. One critical reform, is an end to "regulation without representation". We should require that major new federal regulations be approved by Congress before they can take effect.
It's just common sense that the regulations that govern us, like laws, should have the consent of the governed. That's why every Republican Member of the US House who cast a vote, along with some courageous Democrats, supported the REINS (Regulations from the Executive in Need of Scrutiny) Act to require Congressional approval for major new regulations.
And that's why Presidential Candidate Donald Trump has said “I will sign the REINS Act should it reach my desk as President and more importantly I will work hard to get it passed. The monstrosity that is the Federal Government with its pages and pages of rules and regulations has been a disaster for the American economy and job growth. The REINS Act is one major step toward getting our government under control.”
But enacting the REINS Act requires a 60 U.S. Senate votes to defeat a filibuster. And the REINS Act, even if enacted could be challenged in Court or weakened, waived or repealed by a future Congress.
To permanently restore checks and balances we need a Constitutional requirement for Congressional approval of major new federal regulations. And we need pressure from state leaders to break the deadlock in Congress.
That is why more than 900 state legislators, GOP Vice Presidential Nominee, Governor Mike Pence (IN), former presidential candidates Senator Ted Cruz (TX) and Governor John Kasich (OH), along with Phil Bryant (MS), Matt Mead (WY), Paul LePage (ME), Bill Haslam (TN), and Trump's Energy Task Force Chair Congressman Kevin Cramer (ND). U.S. House Rules Committee Chairman Pete Sessions (TX) all support this Amendment.
In addition, the 2016 GOP Platform, The Republican National Committee, the American Farm Bureau, and the National Taxpayers Union, among many, many others, have endorsed "REGULATION FREEDOM AMENDMENT" to the U.S. Constitution to require that major new regulations be approved by Congress. Just as states helped to force Congress to propose the original Bill of Rights, pressure from 2/3 of the states today could force Congress to propose the Regulation Freedom Amendment.
In fact, three times in American history, starting with the Bill of Rights and including the 17th Amendment for popular election of Senators and the 22nd amendment for presidential term limits, states have helped force Congress to propose Amendments states wanted.
The "Regulation Freedom Amendment" says: "Whenever one quarter of the Members of the U.S. House or the U.S. Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation." Once the Regulation Freedom Amendment is ratified and part of our Constitution, federal regulators will be permanently and constitutionally held accountable to elected officials.
The prospect of winning the support of a majority of state legislators in 2/3 of the states to force Congress to act is within reach. Of the 67 state legislative chambers, House, and Senate in the 34 most pro-limited government minded states, 64 of those chambers now have Republican majorities who distrust federal regulators. And in three more states, KY, IA, and New Mexico there are many pro-energy, pro-agriculture Democrats who are skeptical about giving unaccountable Washington regulators control of their states' economy
And across the nation there are many Democrats who don't want the Democratic party of FDR and JFK, that believed in governing through legislation passed by elected officials, transformed into an "undemocratic" party that simply empowers regulators to rule by decree.
WIth support from both Republicans and Democrats, 19 state legislative chambers have already passed Resolutions urging Congress to propose the Amendment, and a growing network of business and grassroots political groups are gearing up to persuade state legislators and Congress to act to curb the authority of regulators in 2017.
The states are beginning to rediscover how strong they are when they come together on issues they can agree upon. We expect to see many more states passing Resolutions with this same language, in the upcoming sessions. But this effort will not succeed without the support of ordinary citizens, concerned about the future of their country and about preserving the democratic processes that have made us the beacon of light in the world.
A key challenge to self government is finding ways for ordinary citizens to have a meaningful impact on public policy.
We believe and overlooked way for ordinary citizens to reform Washington is to communicate their views, not just to Members of Congress but to state legislators, and the community leaders who know and influence state legislators.
We as state legislators must come together collectively and exercise our article V power to restore balance. Every reader of this article has the power to participate in curbing this abuse by contacting his or her elected officials and asking "Do you support the "Regulation Freedom Amendment" to require that major new federal regulations be approved by Congress.
This is a simple but extremely effective and impactful assignment. Polls show that, by a 2-1 margin voters support the Regulation Freedom Amendment to require that major new federal regulations be approved by Congress.
When that majority is mobilized, Congress will respond. And even the threat of a permanent curbs on their power may deter regulators from some unreasonable over regulation.
No matter who is elected President in November, the time is now for a coalition of reformers in across America, citizens, state legislators and Members of Congress to work together rein in the out-of-control federal bureaucracy and to permanently end "regulation without representation"
Join the fight
NoRegulationWithoutRepresentation.org
It appears that America has a new style of government. In years past, liberal Democratic presidents like Franklin Roosevelt governed by working to pass laws in Congress.
But in recent years, progressives seem to believe they can govern undemocratically with regulatory edicts simply dictated from Washington.
Voters in 2016 should ask those who seek to become our leaders a simple question:
What will you do to permanently end “regulation without representation” and ensure that federal regulations, like federal laws, have the consent of the governed?
Or, on the other hand, are you satisfied with a government in which bureaucrats dictate the rules that govern us?
Every Republican who voted in the U.S. House of Representatives, and some courageous Democrats, recently voted for a bill called the REINS Act (Regulations in Need of Scrutiny) to require that major new federal regulations be approved by Congress.
Most Republican presidential candidates have said that they would sign the REINS Act if it were passed by Congress.
But it is very unlikely that such a law could get the support of the necessary 60 votes in the U.S. Senate, even if America elected a president who would sign it.
Furthermore, the constitutionality of such a law could be challenged in court and, even if upheld, it could be repealed or waived by a future Congress.
An Amendment to the U.S. Constitution, on the other hand, could permanently rein in federal regulators and help to restore the checks and balances intended by the authors of our Constitution.
Most Americans understand that Washington is gridlocked on major issues, and even the election of a new president will probably leave advocates of limited government short of the two-thirds vote to propose an amendment or even the 60 Senate votes needed to enact permanent, fundamental reforms.
But there is a way to break the deadlock in Washington.
Just as Rep. James Madison, the first floor leader of the U.S. House or Representatives, took advantage of pressure from the states to help persuade Congress to propose the Bill of Rights, which took effect almost 224 years ago on Dec. 15, 1791, a partnership between state leaders and reform-minded leaders in Congress could achieve results today.
In our time, a constitutional amendment to permanently require that major federal regulations be approved by Congress could, by reducing the risk of capricious overregulation, jump-start American economic growth and help create millions of new jobs.
It could protect our constitutional rights and personal freedom against infringement by federal regulators.
Polls show that voters favor a constitutional amendment to require congressional approval of major regulations by a 2-1 margin.
A potential bipartisan political coalition in the states that could force Congress to act already exists.
Sixty-four of the 67 legislative chambers in the 34 most limited-government-minded states are already controlled by Republicans. Democrats who have good reason to distrust federal regulators and good reasons not to be perceived as “rubber stamps for federal regulators” are swing votes in three more chambers.
The Regulation Freedom Amendment could halt unfunded federal mandates
In fact, 15 state legislative chambers, including the Tennessee Senate and the Utah Senate, have already passed resolutions urging Congress to curb federal regulators by proposing the Regulation Freedom Amendment, which says:
“Whenever one quarter of the Members of the U.S. House or the U.S. Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation.”
As support for the Regulation Freedom Amendment grows, it will become more and more difficult for opponents to explain why bureaucrats in Washington should keep their power to dictate rules to the American people.
But pro-limited-government leaders in Washington and those who seek to become leaders need to recognize that the nation’s capital is too divided and fond of its own power to reform itself.
America is looking for new leaders who will follow James Madison’s example and help mobilize the power of states to curb the power of Washington.
America is looking for leaders who will build a partnership with states to reform our government.
Regulatory abuse is only one example of federal misconduct. The irresponsible borrowing that threatens the long-term solvency of America is another. The imposition of unfunded federal mandates on states is still another.
Where are the leaders who will reach out to state leaders to build a partnership for restoring constitutional limited government in America?
Perhaps Americans should be asking an even more fundamental question:
Which politicians in Washington want to keep power in Washington ?
And which ones want to empower the states to take it back to the states and the people, where it belongs?
• Mark Norris is the majority leader of the Tennessee Senate and the immediate past chairman of the Council of State Governments. Wayne Niederhauser is the president of the Utah Senate.
On Friday, April 22, the Republican National Committee unanimously voted for a Resolution supporting the Regulation Freedom Amendment to the U.S. Constitution to require that major new federal regulations be approved by Congress before they can take effect.
Support for the Amendment now includes more than 900 state legislators, 6 Governors, the American Farm Bureau, the National Taxpayers Union and political leaders from across the nation.
Former presidential candidates Ted Cruz and John Kasich have also endorsed the Amendment Key Donald Trump supporters also back the Amendment including Maine Gov. Paul LePage, and North Dakota Congressman Kevin Cramer.
The Madison Coalition is leading a bipartisan effort to mobilize state and congressional leaders to force Congress to curb the authority of federal regulators.
19 State Legislative Chambers have passed Resolutions urging Congress to propose the Regulation Freedom Amendment and a majority of Senators in a 20th, have signed a letter endorsing the Amendment.
These chambers are:
Indiana-House and Senate
Georgia-Senate
Tennessee-House and Senate
North Dakota-House and Senate
South Dakota-House and Senate
Wyoming-House and Senate
Idaho-House
Utah-House and Senate
Missouri Senate
Arkansas House
(A majority of the Members of the Arkansas Senate have signed a letter endorsing the Amendment)
West Virginia House and Senate
Kansas House
Similar Resolutions are pending in other states.
Ending the fear of capricious Federal regulators by requiring that Congress approve major new federal regulations would be a powerful way to protect our Constitutional rights and accelerate economic growth!
Every voting Republican Member of the of the U.S. House along with some courageous Democrats recently supported the “REINS” Act to require that Congress approve major new federal regulations, but Congress is too divided to override a Presidential veto and such a law also could be challenged in Court or repealed or weakened by a future Congress.
However just as states forced Congress to propose the Bill of Rights, and more recently the 17th and the 22nd amendments, 2/3 of the states who favored the same Amendment to curb regulators might well force Congress to propose it.
The Text of the Regulation Freedom Amendment is:
“Whenever one quarter of the Members of the U.S. House or the U.S. Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation.”
The 31 states with GOP majorities in the state legislature, along with reasonable Democrats in other states such as KY, where the Democratic House Majority Leader has endorsed it, NM, a pro-energy state and IA, a pro-agriculture state could add up to a 2/3 majority of 34 states that could force Congress to act. ME, MN, CO and WA are also possibilities.
Even the credible threat that states might force Congress to act could deter regulators and force elected officials and 2016 candidates to answer a simple question: “Should regulators keep their power to dictate from Washington, or should they be made more accountable to elected officials?”
Polling shows that voters, by a 2-1 margin favor the Regulation Freedom Amendment. The issue unites friends of limited government and attracts Republicans, Independents and Democrats.
If 2/3 of the states demonstrate their power to force Congress to propose an Amendment without a Convention, the entire balance of state and federal power will be transformed.
The legislatures of 7 States have already passed laws that strengthen their ability to force Congress to act:
Indiana, Tennessee, Florida, Georgia
Utah, South Dakota and North Dakota.
Similar legislation is pending in other states.
A U.S. House 10th Amendment-based “Madison Rule” or a similar pledge by a majority of U.S. Senators to recognize and enforce the Article V and 10th Amendment power of states to strictly limit the scope of a Convention would further strengthen the power of states to force Congress to propose a state-initiated Amendment, even if states never explicitly threatened a Convention (emphsis .
Faced with even the potential of such a threat Congress would almost certainly propose the Amendment states wanted to avoid the risk of a Convention that would be more powerful than Congress (emphasis assed).
The bottom line is that a strategy of passing “Regulation Freedom Amendment” Resolutions by 34 states and either 1) “Faithful Delegate” laws enacted in a majority of states or 2) A 10th Amendment Rule adopted in the House, or 3) A 10th Amendment pledge taken by 51 Senators could empower the states to force Congress to propose the Regulation Freedom Amendment as early as 2017.
And faced with the threat of a potentially serious and growing effort to curb their power, regulators might become more willing to work with members of the regulated community on reasonable compromise.
Here is a partial list of political leaders who support the Regulation Freedom Amendment:
GOVERNORS
Mike Pence, IN
Phil Bryant, MS
Matt Mead, WY
Paul LePage, ME
Bill Haslam, TN
John Kasich OH
STATE LEADERS
NCSL (National Conference of State Legislators) President and UT Senate President Pro-Tem Curt Bramble
CSG (Council of State Governments) immediate past National Chair and TN Senate Majority Leader Mark Norris
ALEC (American Legislative Exchange Counsel) Immediate Past National Chair and TX State and Federal Power Committee Chair Rep. Phil King
ND Treasurer Kelly Schmidt
ND Senate Majority Leader Rich Wardner
ND House Majority Leader Al Carlson
ND Former CSG Chair Rep. Kim Koppelman
TN Lt Gov/Senate President Ron Ramsey
AR former Senate Majority Leader Eddie Jo Williams
GA Senate President David Schafer
GA NCSL Former President Sen. Don Balfour
ID House Speaker Scott Bedke
IN Senate President David Long
IN House Speaker Brian Bosma
KS House Speaker Ray Merrick
KS House Speaker Pro Tem Peggy Mast
KY Senate President Robert Stivers
KY House Majority Leader Rocky Adkins
MI Senate President Pro-Tem Tonya Shuitmaker
MO Former Senate President Tom Dempsey
NE Senate President Galen Hadley
NC House Majority Leader Mike Hager
OH former House Speaker Pro-Tem Matt Huffman
TN House Speaker Beth Harwell
UT Senate President Wayne Niederhauser
VA House Maj. Caucus Chair Tim Hugo
WV Senate President Bill Cole
WY Senate Majority Leader Eli Bebout
WY former House Speaker Tom Lubnau
BUSINESS GROUPS AND LEADERS
American Farm Bureau Federation
Indiana Manufacturers Association
Indiana Bankers Association
Kansas Chamber..United for Business
Kansas Bankers Association
Kansas Automobile Dealers Association
Kansas Farm Bureau (KGFA))
Kansas Grain and Feed Association
Kansas Cooperative Council (KCC)
Kansas Agribusiness Retailers Association (KARA)
Kansas Building Industry Association
Salt Lake Chamber, UT’s Business Leader
Tennessee Chamber of Commerce and Industry
Tennessee Mining Association
Tennessee Association of Health Underwriters
Wyoming Stock Growers Association
Terry Considine, CEO Considine Investment Company
Ken Burgess, Chairman, First Capital Bank, Midland, TX, Chair, Texas Bankers Association.
LEGAL EXPERTS
C. Boyden Gray, Former White House Counsel
Chuck Cooper, Former Director, Department of Justice Office of Legal Counsel
John Ryder, General Counsel, RNC
David Norcross, fmr. RNC Gen. Counsel Tom Sansonetti, fmr RNC Gen. Counsel Mark Braden, fmr RNC Gen. Counsel
Bill Crocker, fmr RNC Gen. Counsel
Curt Levy, Pres. Cmtee for Justice
John Eastman, Director, Center for Constitutional Jurisprudence
CONSERVATIVE LEADERS
American for Tax Reform President Grover Norquist
Former U.S. Senate Majority Leader Trent Lott
Former House Appropriations Chair Bob Livingston.
McCain 2008 National Chair Charlie Black
Tea Party Patriots Co-Founder Jenny Beth Martin
Let Freedom Ring President Colin Hanna
Federalist Society Co-Founder David McIntosh
Former RNC Chair and Secretary of Veterans Affairs Jim Nicholson
Former NRA President David Keene,
Former Ohio Secretary of State Ken Blackwell
Former Virginia Attorney General Ken Cuccinelli
Former National Federation of Women Chair Sue Lynch
Former NFRW Chair Kathy Brugger
Larry Pratt, Executive Director, Gun Owners of America.
Steve Moore, Economist, former Member of the WSJ Editorial Board
CONSERVATIVE GROUPS
National Taxpayers Union
National Federation of Republican Women
South Dakota Republican Party
Wyoming Republican Party
Our goal is a network of volunteer and business leaders around the nation who can bring the Regulation Freedom Amendment to the attention of 4000 state legislators in both parties in the most pro-limited government 34 states. Together this coalition could force Congress to act!