Would the REINS Act Rein in Federal Regulation?
Jonathan H. Adler
Case Western Reserve University School of Law; PERC - Property and Environment Research Center
July 7, 2011
Regulation, Vol. 34, No. 2, 2011
Case Legal Studies Research Paper No. 2011-13
Federal regulation reaches nearly all aspects of modern life and is pervasive in the modern economy. Much of this regulation may be necessary or advisable, but there is understandable concern that regulatory agencies act outside the authority delegated to them by Congress. The proposed Regulations of the Executive in Need of Scrutiny (REINS) Act is intended to remedy this by requiring that major regulations receive the approval of Congress through an expedited process. Critics of the REINS Act claim it would severely curtain important regulatory efforts and allow for all sorts of congressional gamesmanship. In fact, the REINS Act would not hinder a sympathetic Congress from approving new federal regulations, but it would prevent the implementation of particularly unpopular or controversial regulatory initiatives. The primary effect of the legislation would be to make Congress more responsible for federal regulatory activity by forcing legislators to voice their opinion on the desirability of significant regulatory changes.
Number of Pages in PDF File: 8Accepted Paper Series
Date posted: July 11, 2011 ; Last revised: April 13, 2012
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