The Case for a Congressional Regulation Office

Separation of Powers and Oversight By Kevin R. Kosar January 1, 2024

“[T]his has become Congress’s standard operating procedure for regulatory policy in recent years: Drop a daring and attractive-sounding mandate that may or may not be achievable or well-defined, charge the executive branch with making something sensible of it, hope the courts clean up any messes, and then rail against “out-of-control bureaucrats.” For any given regulatory issue, there are plenty of reasons why iterated, incremental legislating can be difficult: inertia and distraction, tricky interest-group conflicts, or a sense that opening up a policy to change might leave it worse off than before. But, when it comes to complicated policy questions such as the biofuel mandates, there is clearly another cause as well. Congress simply lacks the capacity to understand the real-world impacts of the policies it sets in motion. It is bombarded by lobbyist-provided noise and has limited resources to seek out other information independently, so its default stance becomes that of resentful onlooker. Republican self-government this is not….” (Read more)


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