On the recordJuly 11, 2016
Mr. Chairman, I yield myself such time as I may consume. The need for the Separation of Powers Restoration Act of 2016 to restore balance in our Federal system is clear. The modern Federal administrative state is an institution unforeseen by the Framers of our Constitution and rapidly mushrooming out of control. This legislation takes square aim at one of the biggest roots of this problem, the Chevron Doctrine, under which Federal courts regularly defer to regulatory agencies' self-serving and often politicized interpretations of the statutes they administer. This includes interpretations like those that underlie the EPA's Clean Power Plan and waters of the United States rules. These are just a few examples of rules consciously designed by regulatory agencies to violate Congress' intent. They threaten to wipe out the Nation's key fuel for electric power generation and extend the EPA's permitting tentacles into every puddle in every American backyard. This bill also takes on the related Auer doctrine, under which courts defer to agencies' self-serving interpretations of their own regulations. Auer and Chevron deference work hand in hand to expand the power of Federal bureaucrats to impose whatever decision they want as often as they can, escaping, whenever possible, meaningful checks and balances from the courts. {time} 1745 In perhaps the most famous of the Supreme Court's earlier decisions, Marbury v.…