Congress delegates immense power to agencies, but when Congress delegates such broad power, it should ensure that checks and balances guide and limit the agency’s exercise of that power. As Congress commits ever-greater powers to ever-less-accountable agencies, including agencies created by Dodd–Frank and the Affordable Care Act, it can also impose accountability through its other oversight powers—namely, oversight hearings backed by the force of Congress’s power over appropriations and appointments. Proposals such as the REINS Act and the Regulatory Accountability Act would enhance checks and balances against regulatory overreach. To restore limits in the long run, Congress should narrow overbroad delegations, restore checks and balances to agency structure, and codify administrative procedures that enhance those checks and balances.
The lecture was given at the Heritage Foundation. The whole text, available here
, is worth checking out.