Ted Cruz's clever way to cut red tape via NAFTA

You would think Democrats would jump at the opportunity to curb President Trump’s powers. Yet, they have made it clear that they would filibuster a bill to do that.

Their hostility is directed at the Regulations from the Executive in Need of Scrutiny, or REINS, Act, which gives lawmakers on Capitol Hill power to review executive actions. And given their determination and ability to filibuster they can stop it in its tracks.

But Sen. Ted Cruz, R-Texas, is proposing an innovative way to check the progress of the runaway regulatory state by making it part of a renegotiated NAFTA deal.

Regulations impose a huge cost on businesses, about $2 trillion according to industry estimates a few years ago. Trump and Congress have rolled back some of the worst regulations, but agencies will continue issuing new regulations and revising old ones, especially when a Democrat takes the White House. These serve mostly to stultify the economy and act as a barrier to entry, protecting big businesses that can afford the regulations and enriching lobbyists and lawyers. Just as bad, the barrage of costly regulations undermines our Constitution by allowing the executive to make law without reference to Congress.

Republicans have pushed the REINS Act for years. It would require congressional approval of every new regulation that costs more than $100 million. About three percent of all regulations reach that threshold. In short, the legislation would, if enacted, prevent the executive branch from becoming its own legislature.