Write the Laws Act

Bill Number

S. 60

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-09: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Last Updated

2025-04-09T14:44:34Z

AI-Generated Summary

Purpose of the Legislation

The "Write the Laws Act" (S. 60) aims to prohibit Congress from delegating its exclusive legislative powers—granted by Article I, Section 1 of the U.S. Constitution—to other branches of government, agencies, or entities. It seeks to restore the constitutional principle of separation of powers by ensuring that only Congress creates laws, while directing the Comptroller General (an independent auditor for the federal government) to report on existing unconstitutional delegations so they can be gradually eliminated.

Key Provisions

• Short Title and Authority: The bill is titled the "Write the Laws Act." It claims authority under Article I (vesting legislative power in Congress) and the Fifth Amendment (protecting against deprivation of life, liberty, or property without due process).
• Findings Section: Congress declares that administrative agencies have unconstitutionally blended legislative, executive, and judicial powers since the late 19th century, creating a "tyrannical" system akin to a historical secret court (Star Chamber). It cites Supreme Court precedents and founders like James Madison to argue that such delegations violate separation of powers and due process.
• New Chapter in U.S. Code (Chapter 2A: Separation of Powers):
• Nondelegation Prohibition (Sec. 151): Defines "delegation of legislative powers" broadly to include creating or clarifying criminal/civil offenses or regulations affecting the public that are not fully detailed in a congressional act. Prohibits such delegations to any legislative component, the president/executive, judiciary, agencies, states, or individuals. Allows narrow exceptions, like executive factual findings on implementation dates or internal agency rules. Requires all new executive actions (e.g., rules, regulations) to be explicitly authorized by a compliant congressional act. Mandates a report from the Comptroller General within 6 months identifying pre-existing violating statutes (enacted before 90 days after the bill's passage).
• Enforcement (Sec. 152): Any non-compliant act, directive, rule, or regulation has no legal effect; no actions (civil, criminal, etc.) can be based on it. Aggrieved individuals can sue the U.S. government under federal declaratory judgment laws (28 U.S.C. §§ 2201-2202) for relief, such as injunctions to block enforcement. Courts must review these cases "de novo" (from scratch, without deferring to prior decisions).
• Effective Date (Sec. 153): Applies to new laws, directives, or regulations starting 90 days after enactment.
• Severability Clause (Sec. 5): If any part is ruled invalid by a court, the rest remains in effect.

Significant Changes to Existing Law

• Revives Strict Nondelegation Doctrine: Current law allows Congress to delegate rulemaking authority to agencies under an "intelligible principle" (a vague guideline upheld by courts since 1935). This bill eliminates that, requiring all rules affecting the public to be fully defined in statutes—overturning decades of precedent like Wayman v. Southard (1825) and modern administrative law.
• Adds Enforcement Tools: Introduces private lawsuits to challenge non-compliant actions and deems them void, shifting from judicial deference to agencies (e.g., under the Administrative Procedure Act) to stricter scrutiny.
• Codifies in Title 1 U.S. Code: Creates a new permanent chapter on separation of powers, making the prohibition a foundational rule for all federal law.

Potential Impacts

• Government Agencies: Federal agencies (e.g., EPA, FDA) would lose broad authority to issue rules, potentially halting or invalidating thousands of regulations on environment, health, finance, and more. This could require Congress to rewrite laws explicitly, increasing legislative workload.
• Citizens and Businesses: Reduces "onerous" regulations by limiting bureaucratic rulemaking, potentially easing compliance burdens and protecting due process. However, it could create short-term uncertainty if existing rules are challenged, affecting daily life (e.g., workplace safety standards) or business operations until Congress acts.
• International Relations: Minimal direct impact, but could weaken U.S. agencies involved in global treaties or trade (e.g., State Department or Commerce), requiring congressional approval for international rules and possibly slowing U.S. responses to global issues like climate or security.

Main Stakeholders Affected

• Congress (Senate and House): Gains exclusive control over lawmaking, restoring bicameral checks and presidential veto power, but faces pressure to handle detailed legislation previously delegated.
• Executive Branch (President and Agencies): Loses flexibility in implementing laws; bureaucrats cannot create new offenses or broad rules, shifting power back to elected officials.
• Judiciary: Handles more lawsuits challenging regulations, with de novo review increasing court involvement in policy disputes.
• Citizens and Private Entities: Businesses, individuals, and groups regulated by agencies (e.g., environmental activists, corporations) can more easily contest rules but may face gaps in governance if Congress delays action.
• States and Local Governments: Cannot receive delegated federal powers, potentially complicating joint programs like disaster aid or environmental enforcement.

Notable Legal, Constitutional, or Political Implications

• Legal: Challenges the administrative state built over a century, likely sparking Supreme Court cases on its own constitutionality (e.g., whether it overreaches Congress's authority). The de novo review standard could overwhelm courts and undermine agency expertise.
• Constitutional: Enforces a strict reading of separation of powers (Articles I-III) and nondelegation, addressing findings of "tyranny" from blended powers, but critics might argue it ignores practical governance needs under the Necessary and Proper Clause (Article I, Section 8).
• Political: Shifts power from unelected officials to Congress, appealing to those favoring limited government but risking gridlock in a divided legislature. As introduced by Sen. Rand Paul (R-KY) in the 119th Congress (2025), it reflects libertarian views on reining in the "deep state," potentially polarizing debates on federal overreach.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Paul, Rand [R-KY]

Recent Actions

• 2025-01-09: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
• 2025-01-09: Introduced in Senate

Bill Versions

• Write the Laws Act — issued 2025-01-09 — PDF (11 pages)