No, The Senate Shouldn’t Let Even More Unaccountable Bureaucrats Decide What The Law Says

A discussion is underway regarding whether Senate Republicans should allow a shift in legislative power to the Senate parliamentarian and government bureaucrats. This stems from recent actions taken by the Environmental Protection Agency (EPA) under President Biden, which have sparked significant debate over regulatory authority.

1. Legislative Authority:

• The central question is who should decide the meaning of statutes in Congress. It is argued that Congress itself should maintain this power and not delegate it to external entities like the Senate parliamentarian.

2. California’s Waivers:

• The issue arises from waivers granted to California under the Clean Air Act, which are believed to negatively impact the automotive and fossil fuel industries, affecting consumer choices and state policies.

3. Historical Context:

• Previous administrations, such as Trump's, have used the Congressional Review Act (CRA) to challenge executive rules. Recently, Congress has disapproved several Biden-era rules, which adds context to the current debate.

4. Nature of the Waivers:

• These waivers are being classified as "rules" due to their prospective nature and national applicability. Legal definitions are crucial in determining how Congress interacts with executive actions within the CRA framework.

5. Role of the Government Accountability Office (GAO) and the Parliamentarian:

• Democrats have sought help from the GAO, which ruled against classifying the waivers as rules, complicating Congressional authority. The Senate parliamentarian sided with this ruling, stating it is not a rule under the CRA.

6. Concerns Over Precedents:

• Allowing the parliamentarian to have a say on executive communications may set a precarious precedent, termed the “Whitehouse Rule. ” This could empower future administrations to obstruct legislative initiatives through administrative feedback.

7. Implication of Outsourcing Power:

• It’s cautioned that Senate Republicans risk further eroding their legislative responsibilities if they rely on the parliamentarian’s determinations over substantive law, igniting a trend of outsourcing authority to non-elected bodies.

8. Constitutional Grounding:

• The argument emphasizes that Congress's legislative prerogatives must remain intact to preserve its authority and accountability to the people, as per constitutional provisions.

The ongoing discussions highlight the importance of maintaining legislative control within Congress to avoid setting unfavorable precedents regarding regulatory power. The situation calls for a careful evaluation by Senate Republicans on how they define their roles and responsibilities in light of external influences from the parliamentarian and other bureaucratic entities. 

https://thefederalist.com/2025/04/04/no-the-senate-shouldnt-let-even-more-unaccountable-bureaucrats-decide-what-the-law-says/