Repealing Unconstitutional Federal Programs: Restoring Constitutional Limits to Government Power

Big Picture
The unchecked growth of federal power has led to the proliferation of programs and agencies that exceed the enumerated powers granted to the federal government by the U.S. Constitution. While these programs often begin with good intentions, they undermine state sovereignty, concentrate power in Washington, and erode individual freedoms. To restore the constitutional balance envisioned by the Founders, it is imperative to identify and eliminate federal programs that lack constitutional justification. Repealing these programs will reduce waste, limit bureaucratic overreach, and empower state and local governments to address the needs of their citizens more effectively.

Unchecked federal authority not only weakens American democracy but also burdens taxpayers and distorts the economy. A government operating beyond its constitutional bounds risks becoming unaccountable to the people it serves. To reverse this trajectory, Congress must take decisive action to restore constitutional governance and reassert the principles of federalism and limited government.

Operative Definitions

1. Enumerated Powers: Specific powers granted to the federal government under Article I, Section 8 of the U.S. Constitution. These powers include regulating interstate commerce, coining money, and providing for national defense.
2. Tenth Amendment: The constitutional provision stating that powers not delegated to the federal government are reserved to the states or the people.
3. Non-Delegation Doctrine: A principle of constitutional law that prohibits Congress from transferring its legislative authority to administrative agencies or the executive branch.

Important Facts and Statistics

1. Since its establishment in 1979, the Department of Education has seen federal spending on education increase over 300%, yet student outcomes have largely stagnated (Heritage Foundation, 2023).
2. The federal regulatory burden costs the U.S. economy an estimated $1.9 trillion annually, equivalent to nearly 9% of GDP (American Action Forum, 2022).
3. A 2023 audit of federal programs found that over 20% lacked measurable outcomes or duplicated efforts already managed at the state level (Government Accountability Office, GAO).
4. According to a Cato Institute study, eliminating redundant and unconstitutional federal programs could reduce the federal deficit by $300 billion annually.

Four-Point Plan

1. Conduct a Comprehensive Constitutional Audit of Federal Programs
Congress should commission an independent, nonpartisan constitutional audit to evaluate federal programs and agencies. This audit will identify programs that:

• Exceed the enumerated powers outlined in Article I, Section 8.
• Duplicate state or local initiatives, violating the Tenth Amendment.
• Lack measurable effectiveness or transparency in achieving their stated goals.

Programs such as the Department of Education and aspects of the Environmental Protection Agency (EPA) are prime candidates for scrutiny. Returning education, environmental regulation, and infrastructure decisions to the states will empower local governments to implement policies tailored to their citizens’ needs.

2. Repeal Unconstitutional Programs and Return Authority to the States
Once unconstitutional programs are identified, Congress must act swiftly to repeal them. This process includes:

• Eliminating Redundant Agencies: Programs such as federal housing initiatives and education mandates often duplicate state efforts. Eliminating these programs will improve efficiency and restore state control.
• Defunding Programs Without Constitutional Authority: Congress should withdraw funding from agencies operating beyond their constitutional scope.
• Empowering State Governments: Authority over education, housing, and health care should be returned to the states, in accordance with the Tenth Amendment. States are better equipped to address local needs while maintaining accountability to voters.

3. Strengthen the Non-Delegation Doctrine to Prevent Future Overreach
Congress must reclaim its legislative authority and restrict the ability of federal agencies to issue rules and regulations with the force of law. Key reforms include:

• Legislative Review of Regulations: Require Congress to approve major regulations proposed by federal agencies before they take effect (e.g., the REINS Act).
• Judicial Enforcement: Encourage courts to enforce the non-delegation doctrine and strike down agency rules that exceed statutory authority.

Restricting the regulatory power of unelected bureaucrats will restore the constitutional separation of powers and ensure accountability to the American people.

4. Promote Transparency and Accountability in Government Spending
To rebuild public trust, the federal government must ensure greater transparency in spending and program effectiveness. Congress should:

• Mandate Annual Program Reviews: Require agencies to submit annual reports evaluating their performance, efficiency, and constitutional validity.
• Enhance Public Oversight: Create a publicly accessible database detailing all federal programs, their costs, and their constitutional justification.

By increasing transparency, policymakers and taxpayers can hold government accountable for its adherence to constitutional principles and fiscal responsibility.

Why This Initiative is Important
The growth of the administrative state and unconstitutional programs undermines the foundations of American governance. Federal overreach erodes state sovereignty, diminishes individual freedoms, and wastes taxpayer dollars on inefficient and duplicative programs. By restoring constitutional limits, Congress can reduce the size and scope of government, strengthen federalism, and empower state and local communities to address their citizens’ needs effectively.

The Founders envisioned a federal government of limited, enumerated powers—a system that promotes accountability, efficiency, and liberty. Repealing unconstitutional programs is essential to preserving this vision and ensuring the government remains by the people and for the people.

Sources

1. Heritage Foundation. “Federal Education Spending and Student Outcomes.” Heritage.org, 2023. Link.
2. American Action Forum. “The Economic Costs of Federal Regulations.” AmericanActionForum.org, 2022. Link.
3. Government Accountability Office. “Federal Programs: Redundancy and Effectiveness.” GAO.gov, 2023. Link.
4. Cato Institute. “The Case for Eliminating Unconstitutional Federal Programs.” Cato.org, 2023. Link.
5. Madison, J. Federalist No. 45.