Separation of Powers

The Constitution gives Congress—and Congress alone—the power to make laws. Unfortunately, unelected bureaucrats at agencies like the EPA, FTC, and CFPB keep creating crushing regulations that carry the force of law. Sometimes these agencies act with Congress’ blessing; but Congress isn’t allowed to delegate its lawmaking powers. PLF aims to restore the principle of nondelegation so that Congress—the branch of government closest to the people—alone has the responsibility to create new laws.

Courts have also failed to check agency overreach: In fact, courts have agreed to defer to regulatory agencies’ own interpretations of the laws they enforce. PLF has won numerous victories calling into question the legal doctrines that encourage this deference.

Regulatory agencies are almost entirely insulated from political control. That’s a foreseeable result of Congress delegating its lawmaking power and judges deferring to agencies’ alleged expertise. But it’s also because Congress has made so many agencies independent of presidential control.

In regulatory proceedings, individuals are often denied a hearing in court, or their cases are heard by “administrative law judges” who work for the agencies themselves and who follow the agencies’ preferred rules. This biased process makes a mockery of justice. PLF fights for complete due process rights in all cases.