Constitutional Opinion No. 2026-0905
Case Information
- Content Scored
- S.708 (114th) — Regulatory Improvement Act of 2015
- Source
- congress.gov / U.S. Government Publishing Office (BILLS-114s708is)
- Author
- 114th Congress (Sen. Angus King et al., bipartisan)
- Publication Date
- 2015-03-11
- Content Type
- Legal / Normative Text
- Opinion Issued
- 2026-07-22
- AFCS Version
- 1.0
Holding
A bipartisan red-tape-cutting measure that builds a mechanism to prune the accumulated thicket of federal regulation, scoring solidly in the aligned band for advancing limited government and the freedom to build, held from higher by its indirect commission-and-recommend design. A nine-member independent commission combs decade-old regulations and recommends cuts, with a fast-track legislative vehicle so recommendations get a vote. It advances the limits of Washington at the heart of the administrative-state critique — a body dedicated to identifying rules that have outlived their justification (XII); property and the right to build by prioritizing rules with "disproportionately high costs on small entities" (IX); honest money in reducing deadweight compliance cost (X); and citizen sovereignty in lifting the government's burden from enterprise (II). Well-designed: balanced bipartisan membership, well-chosen small-business priority, and a fast-track procedure that separates a real reform vehicle from a shelved report. Held from higher because it is a mechanism, not the deregulation itself — actual pruning depends on Congress acting on its output. No Rule 6 trigger. Legal/Normative Text (85/15), no JI. Mostly America First (75).
It is the judgment of this Court that Opinion No. 2026-0905 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.