Congress rarely uses the Congressional Review Act to disapprove of federal agency rules. When it does, reporters call the CRA “obscure” and argue Congress is “pushing the bounds of a little-known statute.”
That’s wrong. The CRA isn’t a loophole. It’s a democratic tool. It requires both chambers of Congress and the president to agree that a regulation has gone too far. That’s not an abuse of power. It’s a constitutional check. And like any check, it needs to function properly.
Right now, it does not — but it could, with a simple reform.
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The CRA allows members of Congress to introduce a resolution disapproving of administrative rules that have been submitted to Congress (though there is controversy over what counts as a rule that must be
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