forbes.com
2024 Unconstitutionality Index: 19 Agency Rules for Every Congressional Law
In 2024, federal agencies issued 3,248 rules and regulations, compared to 175 laws passed by Congress, creating a 19:1 "Unconstitutionality Index" that highlights the significant role of administrative agencies in lawmaking and raises questions about the balance of power between branches of government.
- How does the 2024 "Unconstitutionality Index" compare to previous years, and what factors contribute to its fluctuations?
- The 2024 "Unconstitutionality Index" reflects a long-standing trend of agencies issuing far more rules than Congress passes laws. While the number of laws passed increased from 68 in 2023 to 175 in 2024, agency rulemaking consistently exceeds 3,000 annually. This imbalance raises concerns about the balance of power between the legislative and executive branches, potentially undermining the principle of enumerated powers vested in Congress by the Constitution.
- What potential reforms could address the imbalance between agency rulemaking and congressional lawmaking, and what are the potential benefits and challenges of these reforms?
- The disproportionate number of agency rules compared to laws passed by Congress underscores a need for reform. This imbalance could lead to unintended consequences, regulatory overreach, and a lack of congressional oversight. Potential solutions include regulatory budgeting, the establishment of regulatory reduction commissions, or requiring congressional approval for agency rules. The high volume of rules, such as the ban on certain gas water heaters, further exemplifies the issue.
- What is the ratio of federal agency rules to laws passed by Congress in 2024, and what does this indicate about the balance of power between the legislative and executive branches?
- In 2024, federal agencies issued 3,248 rules compared to 175 laws passed by Congress, resulting in an "Unconstitutionality Index" of 19:1. This ratio highlights the significant role of administrative agencies in lawmaking, exceeding the ten-year average of 23:1. The sheer volume of agency rules, totaling 107,262 pages in the Federal Register, raises concerns about the balance of power.
Cognitive Concepts
Framing Bias
The article frames the issue as an unconstitutional overreach by administrative agencies, using loaded language such as "swamp-draining" and "abdication of constitutional responsibilities." The headline and introduction immediately position the reader to view agency rulemaking negatively. The use of the term "Unconstitutionality Index" itself is a biased framing device. While acknowledging that laws range from trivial to highly consequential, the article largely focuses on highlighting the negative aspects of agency rulemaking and downplaying the role of Congress in creating and empowering these agencies.
Language Bias
The article uses loaded and biased language such as "swamp-draining," "abdication of constitutional responsibilities," and "Unconstitutionality Index." These terms carry strong negative connotations and frame the issue in a partisan manner. The use of phrases like "only" to describe the number of bills passed by Congress (175) is also a form of biased language. More neutral alternatives would be to describe the number of laws passed without subjective qualifiers.
Bias by Omission
The article focuses heavily on the number of agency rules versus laws passed by Congress, but omits discussion of the potential benefits or necessity of some regulations. It also doesn't explore the complexities of the rulemaking process, such as the time it takes to create and implement rules, or the involvement of various stakeholders. The article mentions some impactful legislation but doesn't delve into the details of these laws or their impact on the regulatory landscape. Furthermore, the article doesn't discuss the role of executive orders or other forms of regulatory action outside of formal rulemaking.
False Dichotomy
The article presents a false dichotomy by framing the issue as a simple competition between agency rulemaking and Congressional lawmaking. It implies that a high number of agency rules automatically equals unconstitutionality and neglects the nuances of the relationship between these two branches of government. The article simplifies a complex issue with many stakeholders into a single metric, the 'Unconstitutionality Index,' failing to account for the various factors influencing regulatory output.
Sustainable Development Goals
The article highlights a significant imbalance of power between Congress and administrative agencies in lawmaking. This imbalance can lead to policies that disproportionately affect certain segments of the population, exacerbating existing inequalities. The fact that agencies issue far more rules than Congress passes laws suggests a lack of democratic accountability and potential for policies that benefit specific interests over the broader public good. The example of a ban on certain gas water heaters illustrates how agency rules can impact households unequally, potentially burdening low-income families more severely.