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FOX News Judicial Analyst Judge Andrew Napolitano on the growing number of regulations in the U.S.
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It has been a theme on Bonnie and company for a long time that is the long list of new rules that's crippling small business we call it regulation nation not just because it rhymes because it's real.
Here -- the numbers.
Since President Obama took office 111327.
Pages -- being added to the code of federal regulations.
And those regs come with a cost 488.
Billion dollars a year that's according to the American action forum all rise for just this year is ninety.
-- -- -- -- -- -- -- -- -- -- -- Wrong legally or constitutionally.
With new federal regulations is that.
Well there's nothing wrong legally because the congress has a created these administrative agencies like say the EPA or the federal will aviation administration.
Constitutionally there's a great dispute about whether congress can delegate its core function which is to make law because these regulations.
Once they are promulgated in the federal register which means a bureaucrat has written on the White House has signed off on.
Once they appear in the federal register for thirty days if they're not vetoed by both houses of congress -- they become law look at what we're wayside when a sector.
If so what you're saying is congress should pass -- -- bull which -- and it.
Full absolutely full no rules and regulations to be written separately though it's right that and that's what you vote on well you see the constitution says.
All I'm emphasizing the -- -- tone of voice all legislative authority.
Here and granted shall be vested in congress Justice Scalia has argued and I agree with him.
But that means that the congress cannot give away to some other body.
Legislative authority which is the ability to write law so when the EPA.
Comes up -- -- regulation about how many.
Particles per billion can be.
Harmful.
Or whether the FAA says it is still some oil on a tarmac at an airport about clean it up when thirty seconds that if the congress doesn't -- those.
They have the same force of law as if written by -- This is must've been challenged a 100000 times -- -- constitutional basis all I have lost -- very very good question.
When the congress wrote this administrative procedures act which lets these administrative agencies do this.
It gave them such discretion.
That the only way the courts can interfere with this rule making by these administrative agencies as when that this question is abused.
That is a very high standard now for the the challenger of the -- subject of the group the statement it was precisely -- the other problem as as you point -- added in your either your teasing your -- congress doesn't read these regulations -- if congress doesn't like what the EPA is doing much can undo -- -- -- cutting finish if congress doesn't know what the EPA's doing that if they're too lazy to read the regulations will also.
-- hot button issue because of these people are working for us how can they pass something that they haven't read and that they can -- test that they know what's in there and we're.
Supposed to find love your Jeffersonian attitude they are working for us in our minds not and their minds in their minds they tell us how to live and they tell us what that is so.
So how do we change that how do we get the American people to rise up and -- and happened is enough where paying for you you work for us you need to do you will elect people like -- morning to.
-- -- Both via satellite image of -- up our credit don't just getting angry.
What when the Supreme Court could gives them power you know and this is what the clean Clean Air Act.
To create an agency that supersedes congress -- how you get around that that in other words of Supreme Court.
Has essentially created had given that EPA super size power now than it did -- and -- congress.
Okay it is that -- but congress has allowed.
The EPA to do this in the Supreme Court has declined to interfere you make a great point in the -- it's a great example because the EPA under President Obama.
Promulgating regulations that showed up in the in the federal register sat there for thirty days and the houses of congress in the house didn't object so -- they went into the code of federal regulations that became -- -- -- -- -- why can't they -- those very regulations had been rejected by the congress so they don't have any part of congress has no power over the EPA they do if they were willing to exercise that they lack -- will all and they lacked the discipline to understand what the -- -- at a time ago.
