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Foxx Denounces the Biden Administration’s Executive Overreach

WASHINGTON, D.C., September 30, 2022
Today, Education and Labor Committee Republican Leader Virginia Foxx (R-NC) led eight letters to Biden administration agencies that fall under the jurisdiction of the Committee to denounce and call attention to multiple instances of executive overreach.
The Members begin: “We write to bring to your attention West Virginia v. Environmental Protection Agency, a recent Supreme Court decision that clarified the limitations of certain agency actions. Although Article I, Section 1 of the Constitution vests ‘all legislative powers’ in Congress, the Biden administration has largely relied on executive action to advance its radical agenda.”
The letters continue: “For example, in his first year in office, President Biden issued more executive orders and approved more major rules than any recent president. Such reliance on the administrative state undermines our system of government. Our founders provided Congress with legislative authority to ensure lawmaking is done by elected officials, not unaccountable bureaucrats. Given this administration’s track record, we are compelled to underscore the implications of West Virginia v. EPA and to remind you of the limitations on your agency’s authority.”
“Unfortunately, EPA’s attempt to invent new authorities is not unusual for the Biden administration. … Thankfully, in West Virginia v. EPA, the Court made clear that such reliance on the administrative state will no longer be allowed. To be clear, ‘the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives,’” wrote the Members.
Each letter addresses specific instances of overreach and reiterates the need for “specific Congressional authority” before imposing rules and regulations on the American public.
Read the letter to:

Department of Education Secretary Miguel Cardona here.
Department of Labor Secretary Martin J. Walsh here.
Department of Health and Human Services Secretary Xavier Becerra here.
Department of Agriculture Secretary Tom Vilsack here.
National Labor Relations Board Chairman Lauren M. McFerran here.
U.S. Equal Employment Opportunity Commission Chair Charlotte A. Burrows here.
AmeriCorps Chief Executive Officer Michael D. Smith here.
Pension Benefit Guaranty Corporation Director Gordon Hartogensis here.


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