Letters: Congress, not agencies, must make our laws

The recent Supreme Court decision allowing a truck stop in North Dakota to challenge a decade-old regulation on debit card swipe fees underscores a crucial aspect of our democratic system: the separation of powers [“Supreme Court rules for truck stop in new blow to federal regulations,” July 1, IBJ.com]. This principle dictates that while federal agencies are responsible for implementing and enforcing laws, it is Congress that must pass these laws. The decision reflects a necessary check on the growing influence of federal agencies, reinforcing the idea that they should not operate without accountability or beyond the scope intended by Congress.

Congress has, unfortunately, often failed to act decisively or promptly on many pressing issues, leaving federal agencies to fill the gaps with regulations. This regulatory overreach can sometimes lead to unintended consequences that affect businesses and individuals long after the regulations are enacted. By affirming the right to challenge these regulations even after a significant period, the Supreme Court is emphasizing that no one should be denied their day in court simply because they were not affected by a regulation within the initial six-year window.

Chief Justice John Roberts aptly captured this dilemma, noting that individuals or entities harmed by government actions deserve the opportunity to seek redress. The legal principle that everyone is entitled to their day in court must be upheld to ensure fairness and justice, regardless of when the harm occurs. This decision also signals a shift toward reining in the power of federal agencies, as seen in the recent rulings against the Securities and Exchange Commission and the overturning of the 1984 Chevron decision.

The responsibility now falls on Congress to step up and fulfill its legislative duties more effectively. It must create clear, precise laws that limit the need for broad regulatory interpretation and reduce the potential for overreach by federal agencies. Only then can we ensure a balanced system where regulations are both fair and accountable, and where the separation of powers is respected as intended by the framers of our Constitution.

—Don Barton