Would the REINS Act Rein in Federal Regulation?

8 Pages Posted: 11 Jul 2011 Last revised: 13 Apr 2012

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: July 7, 2011

Abstract

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.

Suggested Citation

Adler, Jonathan H., Would the REINS Act Rein in Federal Regulation? (July 7, 2011). Regulation, Vol. 34, No. 2, 2011; Case Legal Studies Research Paper No. 2011-13. Available at SSRN: https://ssrn.com/abstract=1881126

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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HOME PAGE: http://www.jhadler.net

PERC - Property and Environment Research Center

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