The Checks and Balances Letter delivers news and information from Ballotpedias Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process and the rule of law.

This edition:

In this months edition of Checks and Balances, we review executive orders issued by President Joe Biden (D) that rescinded executive orders related to the administrative state issued by former President Donald Trump (R). We also examine the reintroduction of the Regulations from the Executive in Need of Scrutiny Act (REINS Act) in the 117th Congress as well as new federal legislation aimed at strengthening the nondelegation doctrine.

At the state level, we take a look at a ruling from the Oklahoma Supreme Court that reaffirmed the nondelegation doctrine in the state; executive agency reorganization efforts from governors in Vermont and South Dakota; and two constitutional amendments in Pennsylvania aimed at limiting the governors emergency powers.

We also highlight a new analysis that found a federal regulations-to-laws ratio of 19-to-1 in 2020. As always, we wrap up with our Regulatory Tally, which features information about the 113 proposed rules and 235 final rules added to the Federal Register in January and OIRAs regulatory review activity.

Biden revokes Trump executive orders on the administrative state

REINS Act reintroduced in 117th Congress

Federal legislation aims to strengthen nondelegation doctrine

Oklahoma Supreme Court decision reaffirms nondelegation doctrine

Governors focus on agency reorganization

Pennsylvania voters will decide whether to limit governors emergency powers

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New analysis from the Competitive Enterprise Institute (CEI) found that the number of regulations issued by federal administrative agencies outpaced on a 19-to-1 ratio the number of laws passed by Congress and enacted by the president in 2020. Congress and the president enacted 178 laws in 2020 while federal agencies issued 3,353 regulations. The same analysis found the following regulations-to-laws ratios over the past decade:

Federal Register

Office of Information and Regulatory Affairs (OIRA)

OIRAs January regulatory review activity included the following actions:

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Checks and Balances: REINS Act reintroduced in 117th Congress Ballotpedia News - Ballotpedia News

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