Saturday, July 01, 2017

The high cost of waiting to drain the swamp


“Drain the swamp!” It was the battle cry of Donald Trump’s presidential campaign. Many Republican members of Congress echoed that call as well, riding it to victory — and control of both legislative chambers. The American people rallied around the cry because it reinforced their impression of what Washington had become: a swamp infested with special-interest groups and power-hungry bureaucrats. They rallied, too, because it held the promise of getting our country back on track — by reforming the tax code, repealing Obamacare, cutting spending, and eliminating the needless red tape that stifles entrepreneurship and innovation. But more than five months into the new Congress and the new administration, precious little draining has occurred. The delay in action is not only frustrating, it’s expensive: With the promised reforms, the U.S. could have created as much as $5 billion per day in economic output. If nothing changes, the swamp will end up costing more than 2 million prospective jobs over the next decade...more


Anonymous said...

The swamp is big with many tributaries. Is this draining the swamp or making a dike?
WOTUS repeal: President Trump's February EO told EPA to write new water
regulations in the spirit of Justice Antonin Scalia, and kicked the can down the road....what about returning to the original intent Congress authorized of "navigable waters of the US."
It did help some and it put the regulations effecting Rights & Property Rights& uses taking pressure off, but it put rights, property rights, uses back into the authority of Gov agency Bureaucrats! It circumvents the legislature, making all rights vulnerable to regulations by bureaucrats.
Does anyone see a problem with that?
(It's regulations, Not LAW therefor open-door to lawsuits by Eco-nuts. The basic 3 branches of government and separation of powers circumvented.)
It can still get FUBAR in the next administration, all gets undone again.
A quick search and there is this news article 6-27-17:
“We look forward to working with Administrator Pruitt and his team to craft a
rule that protects public health and the environment, while giving clarity and
certainty to our nation’s farmers and job creators,” he said.

“Today marks the beginning of restoring private property rights while protecting
our environment,” said Sen. Steve Daines (R-Mont.). “Out of state D.C.
bureaucrats shouldn’t impose regulations that hurt Montana farmers, ranchers and

The EPA will publish the proposal in the Federal Register within days, at which
point the agency will start accepting comments from the public. After
considering the comments and making any necessary changes, the agency can make
the repeal final.

Finalizing the repeal would then open the door to likely lawsuits from
environmental groups, Democratic states and others."
(It occurs to me there wouldn't be lawsuits if it went through the legislative
branch if Congress did it's job. Why do they resist?)

As simple as it can be put this is about any persons rights, property rights,
uses whether they own a lot, acre(s), ranch, farm or not. Not just my rights,
even the trial years was never just about that.

EPA & all ABC agencies have put a "cloud" over Americans property rights and
uses, using the CWA and ESA as their excuses for over-reach to violate property
The only way around it is a Bill or House Resolution(w/language like HR637)
to declare that these were regulations never intended by Congress.
CWA & ESA as the excuse to violate property rights by over-reach.

A Bill or H.R. will fix it forever, in perpetuity again.
Congress should introduce a Bill addressing the CWA & ESA regulatory
agencies never had Congress intentions to create regulations violating Americans
rights or property rights. (Like wording of HR637 does addressing the CAA)
One page.
I ask: Why should an American soldier fight wars defending our Constitution, BOR, way of life and come home to less rights then they left with, less rights then their fathers had, or grandfathers had and beyond had?

Frank DuBois said...

Thank you for your excellent comment.

The situation you describe is where Congress has delegated too much authority to agencies of the Executive branch. This is true of EPA/WOTUS and many other agencies/issues. For some background on this issue see:

A legislative fix would be far superior to administrative tinkering with the reg's. However, legislation is also subject to amendment, so is not necessarily a fix "forever" or "in perpetuity."

Legislation has been introduced, see H.R. 1261, the “Federal Regulatory Certainty for Water Act.” It is problematic, though, whether this bill could pass both Houses of Congress. Which puts us right back to Trump's E.O. and an administrative fix. It would appear, in the short run, this is the best we're gonna get.

Lingering in the background are a recent court decision to stay the rule, and various issues on jurisdiction on the appeal (

And again, thank you for your thoughtful comment.