U.S. Senators Katie Britt, Eric Schmitt, Colleagues Introduce Bill Restoring American People’s Control of Government
WASHINGTON, D.C.– U.S. Senators Katie Britt (R-Ala.), Eric Schmitt (R-Mo.), and seven colleagues this week reintroduced the Separation of Powers Restoration Act (SOPRA), ending an unconstitutional practice handing unelected government bureaucrats unjustified deference in court.
“The idea that administrative agencies should have deference in court proceedings flies in the face of the republican ideals of our Founding Fathers,” Senator Britt said. “There is no reason for unelected bureaucrats to wield near-absolute power, especially when our Constitution explicitly vests the authority and responsibility to make laws in the legislative branch. The Separation of Powers Restoration Act is a key step in handing the reins back to the people, not unaccountable figures in the administrative state. I look forward to continuing to work with President Trump, his administration, and the Republican majorities in the Senate and the House to restore control of government to hardworking Americans. I appreciate Senator Eric Schmitt’s strong leadership in introducing this commonsense, pro-constitution legislation.”
Background:
The Separation of Powers Restoration Act places a de novo standard of review within the Administrative Procedures Act in the text of 5 U.S. Code § 706, ending the unconstitutional practice of granting deference to administrative agencies. The legislation also allows the courts reviewing agency actions to decide all relevant questions of law, including the interpretation of constitutional and statutory provisions, rules made by agencies, interpretive rules, and general statements of policy.
Under a de novo standard of review, courts will weigh the merits of the argument without a deference standard given to either side, placing American citizens and businesses—either caught on the wrong side of a regulatory enforcement action or challenging the validity of agency action—on an equal footing in court with an administrative agency. The House passed this bill in the 118th Congress.
SOPRA would help restore lawmaking power where it is meant to reside: in the legislative branch, accountable to the people of the United States of America.
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