A Good Start

Arizona State Senator Warren Petersen (R), who also is the President of the Arizona Senate, promoted his State’s agency sunset law as a model for the Federal government. To make his promotion concrete, he offered this language, based on that Arizona statute, for the incoming Congress and President:

Notwithstanding any other law, beginning on an eight-year rotating basis on September 30, 2025, the statutory authorization for each agency, as defined in 5 USC § 551, shall expire, and such agency shall have no authority to engage in rulemaking, adjudication, licensing, other agency action, or enforcement of any law or rule from that date forward until Congress passes a separate joint resolution of reauthorization for the agency for an additional eight-year period.

That’s short and sweet, as appropriate for all statutes Congress seeks to enact (but fails to do across the board, a separate problem), but I’d take it a bit further, without too much more verbiage.

I’d add substitute in some words that make this law applicable to all agencies created after this law’s enactment, particularly including agencies created by Executive Order (vis., the Committee on Foreign Investment in the United States, which has ruined itself through politicization, aided and abetted by the Biden administration) and the Consumer Financial Protection Bureau, a combination of Congressional statute and Executive Branch fiat.

Rather than simply having the statutory authorization expire, I’d make explicit that that includes zeroing out its budget, including payroll; returning the employees to the private sector rather than merely reassigning them elsewhere in the Federal government Leviathan; and that the agency no longer exists.

I’d require, too, the reauthorization actions to be via stand-alone bills, with nothing included that is apart from this single subject.

Finally, to ensure the reauthorization isn’t simply a mindless rubber stamp by the Congress, I’d require the reauthorization to be by separate House of Representatives and Senate vote, with each house’s vote required to be by a supermajority of 60% of elected Congressmen (not 60% of those present or those voting Abstain or Present).

Thus:

Notwithstanding any other law, beginning on an eight-year rotating basis on September 30, 2025, the statutory authorization for each agency, as defined in 5 USC § 551 or created after September 30, 2025 by statute or by Executive action, shall expire, and such agency shall cease to exist, no agency personnel reassignable elsewhere within the Federal government, until each house of Congress separately passes by a 60% majority vote of sitting Representatives and by a 60% majority vote of Senators a separate, standalone reauthorization for the agency for an additional eight-year period.

Congressional Term Limits?

Sure, but only sort of.

Texas Republican Congresswoman Kay Granger has been absent from duty in Congress since last July. The discovery of that shirking (or coverup of disability) is leading to renewed calls for term limits for Congressmen. For instance,

Republican Utah Senator Mike Lee on Sunday…claimed Granger’s absence made a “compelling case” for term limits….

Yes and no. I remain adamantly opposed to Government dictating to us, in anything resembling absolute terms, who we might or might not choose to represent us in that government. I am just as adamantly opposed to one generation of Americans attempting to dictate to future generations of Americans who they might or might not choose to represent them in government.

Rather than hard and absolute limits, Article V of our erstwhile Articles of Convention has the optimal application of term limits.

…no person shall be capable of being a delegate [to Congress] for more than three years in any term of six years….

That Congress was a unicameral body, but that relative limit is easily adaptable to our bicameral Congress. It would be easy enough, too (as easily as enacting any Constitutional Amendment…), to add the requirement that no Congressman, during a period of non-Congressional service, can serve on any government staff, whether for pay or pro bono, nor can such a one work for or with any government lobbyist during that period.

Separate from that, and additional to it, former Department of Education Press Secretary Angela Morabito:

WOW: Rep. Kay Granger (R-TX), who hasn’t voted on a bill in six months, has been living in a nursing home in secret. Records show she has a staff of 25. If any of them knew—and it would be hard not to know—they are complicit[.]

Granger’s, or her staffers’, concealment of her incapacity and absence from Congress should suffer serious consequences from their deception. Those consequences should begin with Granger forfeiting her Congressional pension, if she was/is of sound mind during this period, and should include every single one of her staffers forfeiting any pension they might have accrued along with the barring of all them, including unpaid staffers in DC or in her district, from Federal and Texas government service for life.

That group openly and dishonorably and in a most unamerican fashion deprived Granger’s constituents of their Congressional representation for a quarter of the just concluding Congressional session.

Pick One

A letter writer in The Wall Street Journal‘s Letters section wrote that FBI Director Christopher Wray is a good man, but that he was wrong for the job he had as Director.

Stipulated, arguendo, the first part.

Then, though, he closed with this:

Mr Wray should have been the insider who reformed the FBI and restored it to its former place of respect. Having missed that chance, the bureau may now be treated as another institution in need of disruption and a significant reset. This may or may not work out well for our nation’s premier law-enforcement agency.

An agency that is an institution in need of disruption and a significant reset due to its senior leadership’s involvement in interfering with the election of a politician of whom they personally disdained, as the letter-writer noted, cannot possibly be a premier law-enforcement agency.

On the contrary, the FBI is an agency badly wanting a thorough and widespread purge of upper and senior management or an outright disbandment and replacement with an entirely new agency completely devoid of the FBI’s existing upper and senior management personnel.

Legalized Extortion

Elon Musk says he’s been ordered/threatened/whathaveyou to “settle” an SEC beef, or else. The SEC’s capo, Gary Gensler, has told Musk he must agree within 48 hours to either accept a monetary payment or face charges on numerous counts.

This is the Federal government, which has no authority to do so, requiring a settlement be agreed. This is more than just an effort to stampede a defendant so an arm of government can avoid the embarrassment of taking a weak case to court and getting a public failure and a potful of opprobrium when it loses.

This is that arm of government demanding the defendant pay the vig or suffer damage to, if not destruction of, his business. Crime syndicate capi do that. It’s behavior that doesn’t belong in the government of a free people.

Gensler should face far sterner sanction than just loss of his job.

Promises, Promises

President-elect Donald Trump (R) has nominated a number of folks for various Cabinet and Agency positions. Three, in particular, already are (potentially) having a salutary effect: Matt Gaetz for AG, Robert F Kennedy Jr for HHS, and Pete Hegseth for SecDef.

Folks in those departments now are threatening mass resignations should they be confirmed.

That’s a built-in promise to shrink government employment, and by itself it’s reason enough to confirm Gaetz, Kennedy, and Hegseth. Then hold those bureaucrats to their word.