TOPEKA, Kan. (Legal Newsline) — The Office of Kansas
Attorney General Derek Schmidt has announced Schmidt has joined 14 other state
attorneys general in a letter to Congress, urging it to take action reforming the federal agency rule-making process.
At the heart of the matter is the Administrative Procedures
Act, which the attorneys general believe is being violated. Schmidt and others
are concerned about the mounting costs that allegedly unlawful federal
regulations violating the act impose on citizens.
“Nowhere does the Constitution mention or empower federal
administrative agencies, but it does reserve power to states,” Schmidt said.
“The unelected employees in federal agencies have only the power delegated to them
by Congress. But in recent years, agencies far too often have acted as if
Congress gave them a blank check of authority to make whatever rules they want,
however they want, essentially turning administrative agencies into unelected,
Schmidt noted he believes that when agencies take
unauthorized actions intruding on traditional state responsibilities, it is up
to the states to fight back and hold the federal government in check.
“We’re calling on Congress to assert its constitutional
authority and rein in federal agencies,” Schmidt said.