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, unaccountable lawmakers.”
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.